Digital Omnibus proposal· Recital 44g
Text
Recital 44g Digital Omnibus proposal as printed in the Council text of 22 October 2026
Source Council, 22 October 2026. Recital 44g: ST 14756/26, page 48 · pp. 48–49 · exact text page
Recital 44g
The simple display of contextual advertising does not typically require access to or storing of information on a user or subscriber’s device. Contextual advertising is placed solely on the basis of the immediate content displayed on the subscriber or user’s online interface – such as a website or an app - during an individual visit or on the basis of a single search query. Such advertising does not involve the processing of personal data, and it is not based on profiling, and it does not involve retention or link with an individual’s past of future activity. At the same time, the effectiveness of such advertising often relies on the possibility to measure the display and the performance of the advertisement displayed such as capping cookies and advertising measurement cookies. Such measurement of the display and performance of contextual advertising should be lawful without the consent of the user where it is carried out by the provider of an online service, including jointly with others, or on behalf of that provider, provided that data collected are pseudonymised after collection, as a key security measure, and are not processed for another purpose including profiling or providing programmatic advertising, and that the measurement does not involve any profiling nor processing of data relating to the subscriber or user’s past or future activity, including activity across sites, apps or services.
Recital 44g
For the further processing of personal data for other compatible purposes than those defined in the limitative list, Article 6 and, where relevant, Article 9 of Regulation (EU) 2016/679 should be applied. It is the responsibility of the controller in the light of the principle of accountability to choose the appropriate legal basis for the intended processing. In order to be able to rely on legitimate interest under Article 6(1), point f, of Regulation (EU) 2016/679 as a ground for the further processing of personal data, the controller must show that it pursues the controller’s or third parties’ legitimate interest, the processing is necessary in order to achieve the purpose of that legitimate interest, and the interests or fundamental rights of the data subject do not override the interests pursued by the controller. In this context, controllers should take outmost account of the following elements: whether the data subject is a child; the reasonable expectations of data subject; the impact on the individual either because of the scale of data processed or the sensitivity of the data processed; the scale of the processing at issue in the sense that the processing cannot be particularly extensive either because of their amount or the range of categories of data; the processing should be based on data limited to what is necessary and cannot be based on monitoring of large parts of the online activity of the data subjects; and other relevant factors as appropriate. The processing should not give rise to the continuous monitoring of the data subject’s private life.
How the recitals changed
Each text against the text before it
| Recital | Commission19 Nov 2025Rec 44 | Council21 May 2026Rec 44 | Council10 Jun 2026Rec 44–44c | Council18 Jun 2026Rec 44–44c | Council3 Sep 2026Rec 44–44g | Council2 Oct 2026Rec 44–44g | Council22 Oct 2026Rec 44–44g |
|---|---|---|---|---|---|---|---|
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Recital 44 | 44 Added | 44 Changed | 44 Changed | 44 Unchanged | 44 Unchanged | 44 Changed | 44 Unchanged |
| Recital 44a | In neither text | In neither text | 44a Added | 44a Unchanged | 44a Unchanged | 44a Unchanged | 44a Unchanged |
| Recital 44b | In neither text | In neither text | 44b Added | 44b Changed | 44b Changed keeps the first three sentences | 44b Unchanged | 44b Unchanged |
| Recital 44c | In neither text | In neither text | In neither text | In neither text | 44c Added Some sentences moved | 44c Unchanged | 44c Unchanged |
| Recital 44d | In neither text | In neither text | In neither text | In neither text | 44d Added | 44d Changed keeps the first five sentences | 44d Unchanged |
| Recital 44e (new in ST 13886/26) | In neither text | In neither text | In neither text | In neither text | In neither text | 44e Added Some sentences moved | 44e Unchanged Wording check |
| Recital 44e | In neither text | In neither text | In neither text | In neither text | 44e Added | 44f Changed | 44f Unchanged |
| Recital 44f | In neither text | In neither text | In neither text | In neither text | 44f Added | 44g Changed | 44g Unchanged |
| Recital 44g | In neither text | In neither text | 44c Added | 44c Unchanged | 44g Unchanged | 44g Changed | 44g Unchanged |
Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text
Wording moved the wording comes from a different earlier recital Wording check the wording is closer to a different earlier recital
Parliament amendments propose other recitals under these numbers: Recital 44a (new).
Renumbering and wording
3 September to 2 October 2026
ST 13886/26 renumbers the 3 September recitals 44e and 44f as 44f and 44g and adds a new recital 44e.
| 2 October recital | Renumbered from | Wording |
|---|---|---|
| 44 | 3 September 44same number | Changed from 3 September recital 44 |
| 44a | 3 September 44asame number | Same wording as 3 September recital 44a |
| 44b | 3 September 44bsame number | Same wording as 3 September recital 44b |
| 44c | 3 September 44csame number | Same wording as 3 September recital 44c |
| 44d | 3 September 44dsame number | Changed from 3 September recital 44d |
| 44eRecital 44e (new in ST 13886/26) | no earlier recital | New in this text Some sentences moved from 3 September recital 44d (sentences 6 to 10) |
| 44fRecital 44e | 3 September 44erenumbered in this text | Changed from 3 September recital 44e |
| 44gRecital 44f | 3 September 44frenumbered in this text | Changed from 3 September recital 44f |
| 44g | 3 September 44gsame number | Changed from 3 September recital 44g |