Amendment 1539· GDPR Article 88b(6)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(6) Providers of web browsers and providers of functionally equivalent software, whichsuch areas notoperating SMEssystems for mobile devices or connected TV devices, 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.
Struck CommissionHighlighted amendment
GDPR Article 88b with this amendment
Amendment 1539 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4) and (5)
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.
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 and providers of functionally equivalent software, whichsuch areas notoperating SMEssystems for mobile devices or connected TV devices, 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.
Unchanged: (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
Justification
This is a linguistic clarification to include in the regulation operating systems for mobile devices such as smartphones and tablets, and for smart TVs, which all have functionalities that are similar to those of web browsers.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88b(6).
Cite this amendment
Amendment 1539 (Sibylle Berg 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), p. 161
Link, short form and official text
Amendment 1539 (Sibylle Berg 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), p. 161
ITRE–LIBE Amendment 1539 (CJ72-AM-791873), p. 161