Amendment 1438· GDPR Article 88a(4)(a), (b), (c), (d), (da), (db) and (dc) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
In Article 88a, paragraph 4, points a, b, c, d are replaced by the following:
Wording it would add
(a)Freedom: consent shall be given freely, the data subject having a genuine choice to refuse or withdraw it without detriment, and neither a contract, a service, nor access to its functionalities shall be made conditional on consent to storage or access that is not necessary for that service;
(b)Specificity: consent shall be given separately for each specified, explicit and legitimate purpose, a distinct opt-in being provided for each;
(c)Information: prior to giving consent, the data subject shall be informed, in clear and plain language, of at least the controller’s identity, the purpose of each processing operation, the data used, and the right to withdraw consent at any time;
(d)Unambiguity: consent shall be given by a statement or clear affirmative action, silence, inactivity, pre-ticked boxes or mere continued use of a service not constituting consent;
(da)Fair design: the interface used to give, refuse or withdraw consent shall be fair and neutral, and shall not give prominence to acceptance over refusal or otherwise impair the data subject’s ability to decide freely;
(db)Withdrawal: the data subject shall be able to withdraw consent at any time, as easily and through the same interface as it was given, free of charge and without degradation of the service;
(dc)Demonstrability: the controller shall be able to demonstrate that valid consent was given, retaining no more information than necessary for that purpose.
GDPR Article 88a with this amendment
Amendment 1438 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
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:
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.
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:
~Amendedthe data subject shall be able to refuse requests for consent in an easy and intelligible manner with a single-click button or equivalent means;Freedom: consent shall be given freely, the data subject having a genuine choice to refuse or withdraw it without detriment, and neither a contract, a service, nor access to its functionalities shall be made conditional on consent to storage or access that is not necessary for that service;
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;Specificity: consent shall be given separately for each specified, explicit and legitimate purpose, a distinct opt-in being provided for each;
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.Information: prior to giving consent, the data subject shall be informed, in clear and plain language, of at least the controller's identity, the purpose of each processing operation, the data used, and the right to withdraw consent at any time;
Unambiguity: consent shall be given by a statement or clear affirmative action, silence, inactivity, pre-ticked boxes or mere continued use of a service not constituting consent;
+NewFair design: the interface used to give, refuse or withdraw consent shall be fair and neutral, and shall not give prominence to acceptance over refusal or otherwise impair the data subject’s ability to decide freely;
+NewWithdrawal: the data subject shall be able to withdraw consent at any time, as easily and through the same interface as it was given, free of charge and without degradation of the service;
+NewDemonstrability: the controller shall be able to demonstrate that valid consent was given, retaining no more information than necessary for that purpose.
+NewUnchanged: (5)
This Article shall apply from [OP: please insert the date = 6 months following the date of entry into force of this Regulation]
Struck removed Highlighted added Full text on the GDPR Article 88a page
Justification
avoid hard-coded consent UX mandates sources guidelines EDPB 05/2020
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88a(4)(a), (b), (c), (d), (da), (db) and (dc) (new).
Cite this amendment
Amendment 1438 (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. 111–112
Link, short form and official text
Amendment 1438 (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. 111–112
ITRE–LIBE Amendment 1438 (CJ72-AM-791873), p. 111