Amendment 471· Digital Omnibus proposal Recital 46

Wordingagainst the Commission’s

(46) Data subjects should have the possibility to rely on automated and machine-readable indications of their choice to consent or refuse a consent request or object to the processing of data. Such means should follow the state of the art and Regulation (EU) 2016/679 by including specific consent per controller as well as withdrawal and objections. They can for example be implemented in the settings of a web browser or in the EU Digital Identity Wallet as set out by Regulation (EU) 914/2014, or any other adequate means in other technological contexts. Rules set out in this Regulation should support the emergence of market-driven third-party solutions with appropriate interfaces. Such solutions shall be neutral and not have any commercial interest in gaining consent from data subjects. The controller should be obliged to respect automated and machine-readable indications of data subject’s choices once there are available standards. In light of the importance of independent journalism in a democratic society and in order not to undermine the economic basis for that, media service providers should not be obliged to respect the machine-readable indications of data subject’s choices. The obligation for providers of web browsers to provide the technical means for data subjects to make choices with respect to the processing should not undermine the possibility for media service providers to request consent by data subjects.This includes automated responses by the data subject, when a software responds according to the wishes of the data subject, but without individual actions by the data subject. The mere fact that choices are made on behalf of the data subject in an automated way shall not be used by controllers to claim that these choices are not valid.

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