Amendment 1540· GDPR Article 88b(6a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
(6a) In Article 88b, the following paragraph is inserted:
Paragraph it would add
Where a provider referred to in paragraph 6 qualifies as a gatekeeper in the meaning of Regulation (EU) 2022/1925, the provider shall enable third-party providers acting structurally and economically independently from it to provide the technical means to convey the data subject’s choices referred to in paragraph 1 through the automated and machine-readable means referred to in paragraph 6, as applied pursuant to paragraphs 2 to 5. This paragraph shall not be construed as requiring the provider of a web browser to grant third-party software, including a browser extension, access to data or functionality of the web browser beyond what is necessary to convey to controllers the choices made by data subjects in accordance with paragraph 1.'
GDPR Article 88b with this amendment
Amendment 1540 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4), (5) and (6)
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, 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.
Where a provider referred to in paragraph 6 qualifies as a gatekeeper in the meaning of Regulation (EU) 2022/1925, the provider shall enable third-party providers acting structurally and economically independently from it to provide the technical means to convey the data subject’s choices referred to in paragraph 1 through the automated and machine-readable means referred to in paragraph 6, as applied pursuant to paragraphs 2 to 5. This paragraph shall not be construed as requiring the provider of a web browser to grant third-party software, including a browser extension, access to data or functionality of the web browser beyond what is necessary to convey to controllers the choices made by data subjects in accordance with paragraph 1.'
+NewUnchanged: (7)
Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
Justification
Unbundling for browser, app or operating system providers that qualify as gatekeepers under the Digital Markets Act.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 88b(6a) (new).
Cite this amendment
Amendment 1540 (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), p. 162
Link, short form and official text
Amendment 1540 (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), p. 162
ITRE–LIBE Amendment 1540 (CJ72-AM-791873), p. 162