Amendment 1410· GDPR Article 88a(3) and 1 more
+Addition
Text of the amendment
As tabled
Amending instruction
(db) In Article 88a, paragraph 3, the following point db is added
Point (db) it would add
(db)‘legitimate interests’ according to Article 6(1)(f) of this regulation provided that the controller applies Privacy Enhancing Technologies (PETs) in accordance with the technical standards adopted pursuant to Article 25a. This point shall not apply to processing operations that involve tracking or profiling a data subject’s behaviour for the purposes of behavioural advertising, regardless of whether there is a direct relationship with the data subject. This does not preclude the processing of data for internal product optimisation, provided such processing is not used to track the user.'
GDPR Article 88a with this amendment
Amendment 1410 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.
‘legitimate interests’ according to Article 6(1)(f) of this regulation provided that the controller applies Privacy Enhancing Technologies (PETs) in accordance with the technical standards adopted pursuant to Article 25a. This point shall not apply to processing operations that involve tracking or profiling a data subject’s behaviour for the purposes of behavioural advertising, regardless of whether there is a direct relationship with the data subject. This does not preclude the processing of data for internal product optimisation, provided such processing is not used to track the user.'
+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]
Target
Wording of the targeted provisionslaw in force, Commission proposal, latest Council text
GDPR Article 88a
Commission proposalCOM(2025) 837
Article 88a Processing of personal data in the terminal equipment of natural persons (1) 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. (2) 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). (3) 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: (a) carrying out the transmission of an electronic communication over an electronic communications network; (b) providing a service explicitly requested by the data subject; (c) 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; (d) 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. (4) 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: (a) 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; (b) 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; (c) 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. (5) This Article shall apply from [OP: please insert the date = 6 months following the date of entry into force of this Regulation]
The Council text of 22 October 2026 drops the Commission’s wording.
GDPR Article 88a(3)
No Council text amends Article 88a(3).
GDPR Article 88a(3)(d)
No Council text amends Article 88a(3)(d).
Cite this amendment
Amendment 1410 (Aura Salla and others), 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), pp. 96–97
Link, short form and official text
Amendment 1410 (Aura Salla and others), 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), pp. 96–97
ITRE–LIBE Amendment 1410 (CJ72-AM-791873), p. 96