Amendment 1007· GDPR Article 7(4)
+Addition
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)
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.
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.When assessing whether consent is freely given and personal data is processed fairly, utmost account shall be taken of whether, inter alia:
the controller has presented all options in a neutral and fair way without highlighting or otherwise prioritizing the option to consent;
+Newthe 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
+Newthe 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
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
ITRE–LIBE Amendment 1007 (CJ72-AM-791072), p. 142