Amendment 1683· EUDPR Article 37(3a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
(3a) In Article 37 the following paragraph 3a is inserted:
Paragraph 3a it would add
This article may not be interpreted as a legal basis for accessing the content of electronic communication, for weakening, circumventing or preventing end-to-end encryption, for performing client-side scanning, for gaining covert access to terminal equipment, or for performing device fingerprinting or cross-service tracking. Interference with the terminal equipment of natural persons by Union bodies or institutions shall require a specific legal basis and shall be subject to prior, independent judicial control.’
EUDPR Article 37 with this amendment
Amendment 1683 applied to the Commission proposal, no other amendment
Unchanged: 3 paragraphs
Union institutions and bodies shall protect the information transmitted to, stored in, related to, processed by and collected from the terminal equipment of users accessing their publicly available websites and mobile applications, in accordance with Article 5(3) of Directive 2002/58/EC.
Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is only allowed when that person has given his or her consent, in accordance with this Regulation.
Paragraph 1 does not preclude storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person, based on Union law within the meaning of, and subject to the conditions of Article 5, to safeguard the objectives referred to in Article 25(1).
This article may not be interpreted as a legal basis for accessing the content of electronic communication, for weakening, circumventing or preventing end-to-end encryption, for performing client-side scanning, for gaining covert access to terminal equipment, or for performing device fingerprinting or cross-service tracking. Interference with the terminal equipment of natural persons by Union bodies or institutions shall require a specific legal basis and shall be subject to prior, independent judicial control.’
+NewUnchanged: 8 paragraphs
Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person without consent, and subsequent processing, shall be lawful to the extent it is necessary for any of the following:
carrying out the transmission of an electronic communication over an electronic communications network;
providing a service explicitly requested by the data subject;
creating aggregated information about the usage of an online service to measure the audience of such a service, where it is carried out by the controller of that online service solely for its own use;
maintaining or restoring the security of a service provided by the controller and requested by the data subject or the terminal equipment used for the provision of such service.
Where storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is based on consent, the following shall apply:
the data subject shall be able to refuse requests for consent in an easy and intelligible manner with a single-click button or equivalent means;
if the data subject gives consent, the controller shall not make a new request for consent for the same purpose for the period during which the controller can lawfully rely on the consent of the data subject;
if the data subject declines a request for consent, the controller shall not make a new request for consent for the same purpose for a period of at least six months.
This paragraph also applies to the subsequent processing of personal data based on consent.
This Article shall apply from [OP: please insert the date = 6 months following the date of entry into force of this Regulation] ]
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 through automated and machine-readable means.
Controllers shall respect the choices made by data subjects in accordance with paragraph 7.
Online interfaces of controllers which are in conformity with harmonised standards or parts thereof referred to in paragraph 4 of Article 88b of Regulation (EC) 2016/679 shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 7.
Paragraphs 7 to 9 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
Justification
EU bodies must respect secure communication and may not reinterpret the provisions on cookies and terminal equipment for monitoring purposes.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 37(3a) (new).
Cite this amendment
Amendment 1683 (Mary Khan), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), pp. 109–110
Link, short form and official text
Amendment 1683 (Mary Khan), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), pp. 109–110
ITRE–LIBE Amendment 1683 (CJ72-AM-791874), p. 109