Amendment 1404· GDPR Article 88a(3)(da) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
(da) In Article 88a, paragraph 3, the following point da is added
Point (da) it would add
(da)contextual advertising and related limitation of advertisement display, audience measurement and preventing fraudulent misrepresentation of audience, unless at least one of the following applies:
(i)the processing is likely to result in a risk to the rights and freedoms of natural persons;
(ii)the processing involves profiling;
(iii)personal data are stored at the time when the electronic communication service is not actively used;
(iv)personal data are connected with past or future activity of the data subject. ‘
GDPR Article 88a with this amendment
Amendment 1404 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is only allowed when that person has given his or her consent, in accordance with this Regulation.
Paragraph 1 does not preclude storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person, based on Union or Member State law within the meaning of, and subject to the conditions of Article 6, to safeguard the objectives referred to in Article 23(1).
Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person without consent, and subsequent processing, shall be lawful to the extent it is necessary for any of the following:
~AmendedUnchanged: (a), (b), (c) and (d)
carrying out the transmission of an electronic communication over an electronic communications network;
providing a service explicitly requested by the data subject;
creating aggregated information about the usage of an online service to measure the audience of such a service, where it is carried out by the controller of that online service solely for its own use;
maintaining or restoring the security of a service provided by the controller and requested by the data subject or the terminal equipment used for the provision of such service.
contextual advertising and related limitation of advertisement display, audience measurement and preventing fraudulent misrepresentation of audience, unless at least one of the following applies:
+Newthe processing is likely to result in a risk to the rights and freedoms of natural persons;
+Newthe processing involves profiling;
+Newpersonal data are stored at the time when the electronic communication service is not actively used;
+Newpersonal data are connected with past or future activity of the data subject. ‘
+NewUnchanged: (4) and (5)
Where storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is based on consent, the following shall apply:
the data subject shall be able to refuse requests for consent in an easy and intelligible manner with a single-click button or equivalent means;
if the data subject gives consent, the controller shall not make a new request for consent for the same purpose for the period during which the controller can lawfully rely on the consent of the data subject;
if the data subject declines a request for consent, the controller shall not make a new request for consent for the same purpose for a period of at least six months. This paragraph also applies to the subsequent processing of personal data based on consent.
This Article shall apply from [OP: please insert the date = 6 months following the date of entry into force of this Regulation]
Justification
New exemptions are suggested concerning activities that are not based on profiling, i.e. covering low‑risk to the rights and freedoms, non‑profiling activities that do not involve any retention of personal data beyond the user’s active session nor any link to past or future behaviour. This suggestion is inspired by the EDPB/EDPS joint opinion aimed to to create incentives to use less‑intrusive forms of online advertising and to make the rules more proportionate, i.e. allowing some forms of targeted advertising, which is crucial for European publishers and service providers.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88a(3)(da) (new).
Cite this amendment
Amendment 1404 (Ondřej Krutílek), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1261–1564 to the draft report on COM(2025) 837 (CJ72-AM-791873, PE791.873v01-00, 27 July 2026), p. 93
Link, short form and official text
Amendment 1404 (Ondřej Krutílek), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1261–1564 to the draft report on COM(2025) 837 (CJ72-AM-791873, PE791.873v01-00, 27 July 2026), p. 93
ITRE–LIBE Amendment 1404 (CJ72-AM-791873), p. 93