Amendment 1416· GDPR Article 88a(3)(b)
+Addition
Text of the amendment
As tabled
Amending instruction
(3b) In Article 88a, the following paragraph 3b is added:
Paragraph 3b it would add
The storing of information, or the gaining of access to information already stored, in the terminal equipment of a user or subscriber pursuant to this Article shall be without prejudice to Directive 2002/58/EC, which shall continue to apply in full. In particular, this Article shall not affect the confidentiality of communications and of the related traffic data, the protection of traffic and location data, the safeguards against unsolicited communications, and the possibility for Member States to adopt restrictive measures, as provided for in Articles 5, 6, 9, 13 and 15(1) of that Directive.'
Justification
The storing of, or access to, information in terminal equipment pursuant to Article 88a is without prejudice to Directive 2002/58/EC, which continues to apply in full, and in particular to the confidentiality of communications and of the related traffic data, the protection of traffic and location data, the safeguards against unsolicited communications, and the powers of Member States under Article 15(1). Without this clause, the transfer of the terminal regime to the GDPR could be read as an implicit repeal of the ePrivacy protections which survive it.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88a(3)(b).
Cite this amendment
Amendment 1416 (Julie Rechagneux 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. 99–100
Link, short form and official text
Amendment 1416 (Julie Rechagneux 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. 99–100
ITRE–LIBE Amendment 1416 (CJ72-AM-791873), p. 99