Texts to 22 Oct 2026

Amendment 334· Digital Omnibus proposal Recital 35a (new)

Addition

Tabled by
Sibylle Berg and 1 other (NI)Sibylle Berg, Martin Sonneborn
Committee and document
ITRE–LIBE·amendments 251–400 to the draft report (CJ72-AM-790967, PE790.967v01-00)·27 July 2026
Source
Official text, pp. 94–95·printed header: Recital 35 a (new)
Targets
Recital 35a (new) of the Digital Omnibus proposal

Text of the amendment

As tabled

Effectnew Parliament proposal instruction expressly deletes existing law

Wording it would add

(35a)In accordance with the case-law of the Court of Justice of the European Union (judgment of 5 July 2012, Content Services, C-49/111a), the possibility of accessing mandatory information solely via a hyperlink does not satisfy the requirements that apply to the effective provision of information, as the data subject is unable to store the information permanently and in a form that does not change. These principles, developed in Directive 2011/83/EU2a on consumer rights, should be transferred to the duties to provide information under data protection law, to ensure that data subjects are also able to demonstrate and exercise their rights retrospectively, for example in the event of a dispute.

Justification

Expanded justification relating to Article 12(1a) (new) on the provision of information under Article 13 or 14 in the form of a downloadable file.

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

No Council text amends Recital 35a (new).

Cite this amendment

Amendment 334 (Sibylle Berg and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 251–400 to the draft report on COM(2025) 837 (CJ72-AM-790967, PE790.967v01-00, 27 July 2026), pp. 94–95

Link, short form and official text
Reference

Amendment 334 (Sibylle Berg and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 251–400 to the draft report on COM(2025) 837 (CJ72-AM-790967, PE790.967v01-00, 27 July 2026), pp. 94–95

Short form

ITRE–LIBE Amendment 334 (CJ72-AM-790967), p. 94

Entry in the source list