Texts to 22 Oct 2026

Amendment 1513· GDPR Article 88b and Article 88b(4)

Alternative

Tabled by
Aura Salla and 6 others (EPP)Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Adina Vălean, Oliver Schenk, Christian Ehler
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. 145–146·printed header: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
Targets
Article 88b and Article 88b(4) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Wordingagainst the Commission’s

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. The European standardisation organisations shall, where appropriate, take into account existing international standards developed by international standardisation organisations, as well as emerging technical specifications developed by relevant industry consortia. When drawing up the standardisation mandate, the Commission shall consult the European Data Protection Board and an advisory forum comprising representatives of controllers, data subjects, media service providers, consumer protection organisations, academia and civil society to ensure that standards reflect diverse perspectives and do not create new gatekeepers

Struck CommissionHighlighted amendment

GDPR Article 88b with this amendment

Amendment 1513 applied to the Commission proposal, no other amendment

Unchanged: (1), (2) and (3)
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. The European standardisation organisations shall, where appropriate, take into account existing international standards developed by international standardisation organisations, as well as emerging technical specifications developed by relevant industry consortia. When drawing up the standardisation mandate, the Commission shall consult the European Data Protection Board and an advisory forum comprising representatives of controllers, data subjects, media service providers, consumer protection organisations, academia and civil society to ensure that standards reflect diverse perspectives and do not create new gatekeepers 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.

Amended
Unchanged: (5), (6) and (7)
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].

Full text on the GDPR Article 88b page

Target

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

GDPR Article 88b

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.

GDPR Article 88b(4)

No Council text amends Article 88b(4).

Cite this amendment

Amendment 1513 (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. 145–146

Link, short form and official text
Reference

Amendment 1513 (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. 145–146

Short form

ITRE–LIBE Amendment 1513 (CJ72-AM-791873), p. 145

Entry in the source list