Texts to 22 Oct 2026

Amendment 1446· GDPR Article 88b

Deletion

Tabled by
Tomas Tobé and 2 others (EPP)Tomas Tobé, Arba Kokalari, Jörgen Warborn
Committee and document
ITRE–LIBE·amendments 1261–1564 to the draft report (CJ72-AM-791873, PE791.873v01-00)·27 July 2026
Source
Official text, pp. 115–116·printed header: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b (new)
Targets
Article 88b of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Wording it would delete

Article 88b

Struck CommissionHighlighted amendment

GDPR Article 88b with this amendment

Amendment 1446 applied to the Commission proposal, no other amendment

1.

Controllers shall ensure that their online interfaces allow data subjects to:

Deleted
(a)

Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;

Deleted
(b)

decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Deleted
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.

Deleted
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.

Deleted
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Deleted
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].

Deleted
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.

Deleted
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Deleted

Struck removed Highlighted added Full text on the GDPR Article 88b page

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

Commission proposalCOM(2025) 837

Article 88b Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons (1) Controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means. (2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1. (3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service. (4) The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1. (5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation]. (6) Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article. (7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

The Council text of 22 October 2026 drops the Commission’s wording.

Cite this amendment

Amendment 1446 (Tomas Tobé 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. 115–116

Link, short form and official text
Reference

Amendment 1446 (Tomas Tobé 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. 115–116

Short form

ITRE–LIBE Amendment 1446 (CJ72-AM-791873), p. 115

Entry in the source list