Amendment 1523· GDPR Article 88b(4a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
(4a) In Article 88b, the following paragraph is inserted:
Paragraph it would add
The Commission shall adopt implementing acts establishing common specifications for the requirements set out in paragraphs 1 and 2, where the following conditions have been fulfilled one year after the request pursuant to paragraph 4 has been made:
(a)the request pursuant to paragraph 4 has not been accepted by any of the European standardisation organisations; or
(b)the harmonised standards addressing that request are not delivered within the deadline set in paragraph 4 and in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or
(c)the harmonised standards do not comply with the request; and
(d)no reference to harmonised standards covering the requirements referred to in paragraphs 1 and 2 has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.'
GDPR Article 88b with this amendment
Amendment 1523 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3) and (4)
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. 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.
The Commission shall adopt implementing acts establishing common specifications for the requirements set out in paragraphs 1 and 2, where the following conditions have been fulfilled one year after the request pursuant to paragraph 4 has been made:
+Newthe request pursuant to paragraph 4 has not been accepted by any of the European standardisation organisations; or
+Newthe harmonised standards addressing that request are not delivered within the deadline set in paragraph 4 and in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or
+Newthe harmonised standards do not comply with the request; and
+Newno reference to harmonised standards covering the requirements referred to in paragraphs 1 and 2 has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.'
+NewUnchanged: (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].
Justification
modeled after Article 41 AI Act
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88b(4a) (new).
Cite this amendment
Amendment 1523 (Markéta Gregorová 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. 151–152
Link, short form and official text
Amendment 1523 (Markéta Gregorová 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. 151–152
ITRE–LIBE Amendment 1523 (CJ72-AM-791873), p. 151