Texts to 22 Oct 2026

Amendment 1527· GDPR Article 88b(5)

Deletion

Tabled by
François-Xavier Bellamy (EPP)
Committee and document
ITRE–LIBE·amendments 1261–1564 to the draft report (CJ72-AM-791873, PE791.873v01-00)·27 July 2026
Source
Official text, p. 154·printed header: Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 5
Targets
Article 88b(5) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Wording it would delete

(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].

Struck CommissionHighlighted amendment

GDPR Article 88b with this amendment

Amendment 1527 applied to the Commission proposal, no other amendment

Unchanged: (1), (2), (3) and (4)
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].

Deleted
Unchanged: (6) and (7)
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].

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

No Council text amends Article 88b(5).

Cite this amendment

Amendment 1527 (François-Xavier Bellamy), 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), p. 154

Link, short form and official text
Reference

Amendment 1527 (François-Xavier Bellamy), 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), p. 154

Short form

ITRE–LIBE Amendment 1527 (CJ72-AM-791873), p. 154

Entry in the source list