Texts to 22 Oct 2026

Amendment 1007· GDPR Article 7(4)

Addition

Tabled by
Pernando Barrena Arza and 1 other (The Left)Pernando Barrena Arza, João Oliveira
Committee and document
ITRE–LIBE·amendments 777–1052 to the draft report (CJ72-AM-791072, PE791.072v01-00)·27 July 2026
Source
Official text, pp. 142–143·printed header: Article 3 – paragraph 1 – point 2 b (new) / Regulation (EU) 2016/679 / Article 7 – paragraph 4
Targets
Article 7(4) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Amending instruction

2b. In Article 7, paragraph 4 is replaced by the following:

Paragraph 4 as it would read

When assessing whether consent is freely given and personal data is processed fairly, utmost account shall be taken of whether, inter alia:

(a)the controller has presented all options in a neutral and fair way without highlighting or otherwise prioritizing the option to consent;

(b)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, is given or refused; or

(c)the controller has employed designs, choice options, biased texts or other tactics with the aim of achieving consent, when this deviates from the genuine wishes of data subjects.'

GDPR Article 7 with this amendment

Amendment 1007 applied to the Commission proposal, no other amendment

Unchanged: (1), (2) and (3)
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.

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.

3.

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.

4.

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.When assessing whether consent is freely given and personal data is processed fairly, utmost account shall be taken of whether, inter alia:

Amended
(a)

the controller has presented all options in a neutral and fair way without highlighting or otherwise prioritizing the option to consent;

New
(b)

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, is given or refused; or

New
(c)

the controller has employed designs, choice options, biased texts or other tactics with the aim of achieving consent, when this deviates from the genuine wishes of data subjects.'

New

Struck removed Highlighted added Full text on the GDPR Article 7 page

Justification

Clarifications to limit the use of dark patterns.

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

Law in forceGDPR, Article 7(4)

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.

No Council text amends Article 7(4).

Cite this amendment

Amendment 1007 (Pernando Barrena Arza and others), 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. 142–143

Link, short form and official text
Reference

Amendment 1007 (Pernando Barrena Arza and others), 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. 142–143

Short form

ITRE–LIBE Amendment 1007 (CJ72-AM-791072), p. 142

Entry in the source list