Amendment 334· Digital Omnibus proposal Recital 35a (new)
+Addition
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
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
ITRE–LIBE Amendment 334 (CJ72-AM-790967), p. 94