Amendment 1486· GDPR Article 88b(1)(a)
+Addition
Text of the amendment
As tabled
Amending instruction
(1a) In Article 88b, the following paragraph 1a is inserted:
Paragraph 1a it would add
Controllers such as providers of web browsers, websites, operating systems and applications shall make available the technical means for data subjects to express, through automated and machine-readable indications, their choice to give consent, to decline a request for consent or to exercise the right to object pursuant to Article 21(2). Such means shall be cross-devvice and interoperable, so that a signal expressed at one level, whether, terminal, operating system, browser, application or website, is recognised and given effect at the others, including between different applications and between different terminal devices used by the same data subject, and shall not constitute a single mandatory mechanism. nor be provided in a manner that concentrates the management of consent in a single system or entity. The technical means shall not be designed or operated so as to confer on the provider of a browser, operating system or terminal a preferential position in obtaining, refusing or managing consent.Controllers shall ensure that their online interfaces recognise and give effect to such indications, provided that the conditions for consent laid down in this Regulation are fulfilled.'
GDPR Article 88b with this amendment
Amendment 1486 applied to the Commission proposal, no other amendment
Unchanged: (1)
Controllers shall ensure that their online interfaces allow data subjects to:
Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
Controllers such as providers of web browsers, websites, operating systems and applications shall make available the technical means for data subjects to express, through automated and machine-readable indications, their choice to give consent, to decline a request for consent or to exercise the right to object pursuant to Article 21(2). Such means shall be cross-devvice and interoperable, so that a signal expressed at one level, whether, terminal, operating system, browser, application or website, is recognised and given effect at the others, including between different applications and between different terminal devices used by the same data subject, and shall not constitute a single mandatory mechanism. nor be provided in a manner that concentrates the management of consent in a single system or entity. The technical means shall not be designed or operated so as to confer on the provider of a browser, operating system or terminal a preferential position in obtaining, refusing or managing consent.Controllers shall ensure that their online interfaces recognise and give effect to such indications, provided that the conditions for consent laid down in this Regulation are fulfilled.'
+NewUnchanged: (2), (3), (4), (5), (6) and (7)
Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
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.
Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
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.
Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
Justification
cross-device consent
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88b(1)(a).
Cite this amendment
Amendment 1486 (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. 132–133
Link, short form and official text
Amendment 1486 (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. 132–133
ITRE–LIBE Amendment 1486 (CJ72-AM-791873), p. 132