Amendment 1002· GDPR Article 7(2)
+Addition
Text of the amendment
As tabled
Amending instruction
2a. In Article 7, paragraph 2 is replaced by the following:
Paragraph 2 as it would read
(2)If the data subject’s consent is given in the context of a written declaration or a digital interface which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable for each purpose and from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
GDPR Article 7 with this amendment
Amendment 1002 applied to the Commission proposal, no other amendment
Unchanged: (1)
Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
If the data subject’s consent is given in the context of a written declaration or a digital interface which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable for each purpose and from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
+NewUnchanged: (3) and (4)
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
Struck removed Highlighted added Full text on the GDPR Article 7 page
Justification
Amendment to make Article 7(2) more tech neutral and reflect the need for specific consent.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 7(2)
If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
No Council text amends Article 7(2).
Cite this amendment
Amendment 1002 (Pernando Barrena Arza), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 139–140
Link, short form and official text
Amendment 1002 (Pernando Barrena Arza), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 139–140
ITRE–LIBE Amendment 1002 (CJ72-AM-791072), p. 139