Amendment 476· Digital Omnibus proposal Recital 46c (new)
+Addition
Text of the amendment
As tabled
Wording it would add
(46c)The interface used to request, give, refuse or withdraw consent should be designed in a fair and neutral manner. It should not be designed, structured or operated in a way that deceives or manipulates the data subject, or that otherwise impairs their ability to make a free and informed decision. In particular, it should not give visual or other prominence to acceptance over refusal, whether through the size, colour, positioning or wording of the options; present the option to accept and the option to refuse in a manner that is not equally easy and equally accessible; use wording or design liable to create confusion or to induce consent; or repeat requests for consent in a manner liable to pressure the data subject into consenting. The option to refuse consent should be as easy to exercise, and presented with equivalent prominence, as the option to give consent. Consent should be freely given, specific, informed and unambiguous, and capable of being withdrawn as easily as it was given.
Justification
Codifies the elements of valid consent set out by the Board in its Guidelines 05/2020 and the prohibition of deceptive design in its Guidelines 03/2022. Consent that is obtained through a manipulated interface is not consent.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Recital 46c (new).
Cite this amendment
Amendment 476 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 401–526 to the draft report on COM(2025) 837 (CJ72-AM-790968, PE790.968v01-00, 27 July 2026), pp. 66–67
Link, short form and official text
Amendment 476 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 401–526 to the draft report on COM(2025) 837 (CJ72-AM-790968, PE790.968v01-00, 27 July 2026), pp. 66–67
ITRE–LIBE Amendment 476 (CJ72-AM-790968), p. 66