Amendment 413· Digital Omnibus proposal Recital 43l (new)

(43l)The exceptions to the obligation to obtain consent may also cover situations where users use a service across devices for the purpose of service personalisation and content recommendation. Such techniques, if implemented with appropriate privacy safeguards, could also be a legitimate and useful tool, for example, in measuring web traffic to a website. Such measuring could also be carried out by another party which acts as a data processor for the provider of the service. Similarly, providers of terminal equipment and the software needed to operate such equipment regularly could need access to configuration and other device information and the processing and storage capabilities to maintain the equipment or its use, and correct problems related to the equipment’s operation. Information society providers and electronic communications service providers that engage in configuration checking to provide the service in compliance with the user’s settings, and the mere logging of the fact that the user’s device is unable to receive content requested by the user, should not constitute illegitimate access.