Amendment 1516· GDPR Article 88b(4)
~Alternative
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.Technical specifications for machine-readable indications of choices shall be open, royalty-free, interoperable, publicly documented and independently verifiable. They shall be developed with the substantial involvement of the European Data Protection Board, national supervisory authorities, consumer organisations, SMEs and open-source software providers. Compliance with a standard shall not give rise to a presumption that the underlying processing is lawful.
Struck CommissionHighlighted amendment
GDPR Article 88b with this amendment
Amendment 1516 applied to the Commission proposal, no other amendment
Unchanged: (1), (2) and (3)
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 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.Technical specifications for machine-readable indications of choices shall be open, royalty-free, interoperable, publicly documented and independently verifiable. They shall be developed with the substantial involvement of the European Data Protection Board, national supervisory authorities, consumer organisations, SMEs and open-source software providers. Compliance with a standard shall not give rise to a presumption that the underlying processing is lawful. 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.
Unchanged: (5), (6) and (7)
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].
Struck removed Highlighted added Full text on the GDPR Article 88b page
Justification
Machine-readable choices can reduce the number of cookie banners that appear. However, they must not generate blanket, pre-set or platform-derived consent, nor establish a proprietary default setting.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88b(4).
Cite this amendment
Amendment 1516 (Mary Khan), 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. 147–148
Link, short form and official text
Amendment 1516 (Mary Khan), 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. 147–148
ITRE–LIBE Amendment 1516 (CJ72-AM-791873), p. 147