Digital Omnibus proposal· Recital 46

1 amendment would delete the whole recital: members of The Left.

1. 24 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Providers of software to access online interfaces should provide automated signals without creating new profiling or tracking layers. Any software to…”

   (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 datachoices. Such means should follow the state of the art. They can be implemented in the settings of online interfaces such as of a web browser, ora inmobile theoperating EUsystem, Digitala Identitymobile Wallet as set out by Regulation (EU) 914/2014application, or any other adequate means. Rules set out in this Regulation should support the emergence of interoperable, market-driven solutions with appropriate interfaces able to guarantee respect of data subject’s choices. 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 webonline browsersinterfaces 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. Providers of software to access online interfaces should provide automated signals without creating new profiling or tracking layers. Any software to access online interfaces should not make the exercise of choices or rights by the user unduly difficult, including by offering choices to the user in a non-neutral manner, or by coercing, deceiving or manipulating the data subject, or by subverting or impairing the autonomy, decision-making or choices of the data subject, including by means of an online interface or a part thereof. For example software allowing data subjects to manage their options should not highlight or preselect any option nor incite data subjects by other means.

   Justification

   IMCO has worked extensively on dark patterns influencing consumer choices and behavior. Amendment inspired on recital 38 of the current Data Act, Regulation (EU) 2023/2854 and is important to tackle consent fatigue.

   Rapporteur

   Alex Agius Saliba

   Group

   Rapporteur

   Targets

   Digital Omnibus proposal Recital 46

   Document

   IMCO draft opinion

   Source

   Official text, pages 25–27

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

2. 184 ~Alternative David CormandGreens/EFA · IMCO “The legal interpretation, scope and impact of such automated signals should be set out in EU legislation. While technical standards may support…”

   (46) Data subjects should have the possibility to rely on automated and machine-readable indications of their choice to express consent or refuse and withdraw a consent request or object to the processing of data. Such means should follow the state of the art.Such signals shall constitute legally valid expression of the data subject’s choice. TheyControllers shall recognise and respect such signals. Automated signals can 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. The legal interpretation, scope and impact of such automated signals should be set out in EU legislation. While technical standards may support interoperability, they should not modify the legal effect of signals or introduce additional conditions for their validity. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. 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.

   Tabled by

   David Cormand on behalf of the Verts/ALE Group

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 46

   Document

   IMCO amendments 125–328 to the draft opinion

   Source

   Official text, pages 58–59

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

3. 185 ~Alternative Sophia KircherEPP · IMCO “To support media sustainability in Europe, Media Service Providers can ask for consent or establish necessary conditions for other legal bases for…”

   (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. They can 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. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. 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. To support media sustainability in Europe, Media Service Providers can ask for consent or establish necessary conditions for other legal bases for third parties as long as that is done for data processing required to support the functioning or funding of Media Service Providers and is conducted exclusively on their properties.

   Tabled by

   Sophia Kircher

   Group

   EPP

   Targets

   Digital Omnibus proposal Recital 46

   Document

   IMCO amendments 125–328 to the draft opinion

   Source

   Official text, page 60

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

4. 463 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital

   (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. They can 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. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. 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.

   Tabled by

   João Oliveira

   Group

   The Left

   Targets

   Digital Omnibus proposal Recital 46

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 53–54

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

5. 464 ~Alternative Irena Joveva +5Renew · ITRE–LIBE “To simplify interactions across the digital ecosystem and prevent consent fatique, data subjects should have the posibility to configure their…”

   (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. They can be implemented in the settings of a web browser or inoperating the EU Digital Identity Wallet as set out by Regulation (EU) 914/2014systems, or any other adequate means. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. 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.To simplify interactions across the digital ecosystem and prevent consent fatique, data subjects should have the posibility to configure their general privacy pereferences globally and centrally within the settings of their web browser or operating systems. At the same time, to perserve a high degree of choice granularity and foster a competative market for innovative privacy-enhancing services within the Union, data subjects should have the option to delegate the dynamic management of these preferences to independent third-party software applications, browser extentions, or automated consent agents acting on their behalf. Providers of web browsers and operating systems should ensure their underlining technical infrastructure natively supports such tools, and should present users upon first use with a clear prompt to select their preferred configuration. Furthermore, data subjects should not face technical barriers or artificial degradation of service functionality when choosing to safeguard their privacy. Providers of web browsers and operating systems, as well as online service providers, should therefore not be allowed from restricting, denying or limiting access to their interfaces or core features merely because data subjects use privacy-enhancing technologies, such as Virtual Private Networks, or broweser extentions, provided that these tools comply with technical specificiations established by harmonised standards. To allow further choices for users and ensure granuality, and in light of the importance of independent journalism in a democratic society and in order not to undermine their economic basis and the need to protect its economic sustainability, data subjects should have the practical options to import pre-configured recommemded choices, which may come, for example, as whilelists to allow interaction with trusted online interfaces, such as editorially independent media service providers, which would therefore be granted a specfic exception. In this way, an exception for media service provided would not only ensure that automated signals do not inadvertenly cut off revenue for public interest media, but would also spare these providers from having to deploy standalone pop-up windows to obtain consent. Therefore, media service providers providing news and current affairs content that comply with the editorial independence standards of Regulation (EU) 2024/1083 should have the right to have their online interfaces included in recommended whitelists maintained by web browsers or operating systems, or third-party agents. To ensure user autonomy remains paramount, web browsers and operating systems should explicitly and neutrally prompt the data subject upon first use to allow this specific media exception. Finally, to maintain the integrity of this choice ecosystem, providers of web browsers and operating systems should be acting strictly as neutral technical conduits, while those acting as a core service providers should be prohibited from processing, analyzing, or capitalising on the privacy choices expressed by the user for any secondary purpose other than transmitting the signal.

   Tabled by

   Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller

   Group

   Renew

   Targets

   Digital Omnibus proposal Recital 46

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 54–56

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

6. 465 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “At the same time, data subjects should be able to easily change or withdraw the choices they made by such automated means at any time without being…”

   (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. They can 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. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. 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. At the same time, data subjects should be able to easily change or withdraw the choices they made by such automated means at any time without being subject to disproportionate procedures or discriminatory effects. The technical standards used for the transmission and interpretation of these indications should be interoperable, open and technologically neutral in order to ensure consistent application of the choices of data subjects and foster a high level of protection of personal data across the Union. These standards should be developed in a transparent and inclusive manner, taking into account technological developments, the need for innovation and the legitimate rights and interests of all parties involved.

   Tabled by

   Diana Iovanovici Şoşoacă

   Group

   NI

   Targets

   Digital Omnibus proposal Recital 46

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 56–57

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

7. 466 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Such means should be interoperable, so that a signal expressed at one level, whether terminal, operating system, browser, application or website, is…”

   (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. They can 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. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. Such means should be interoperable, so that a signal expressed at one level, whether terminal, operating system, browser, application or website, is recognised and given effect at the others, including between different applications and between different terminal devices used by the same data subject, and should not constitute a single mandatory mechanism nor be provided in a manner that concentrates the management of consent within a single system or entity. The technical means should not be designed or operated so as to confer on the provider of a browser, operating system or terminal a preferential position in obtaining, refusing or managing consent. 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.

   Justification

   A mandate imposed on browsers risks creating a compulsory intermediary between publishers and their audience, reinforcing the very gatekeepers who control browsers and operating systems. The amendment preserves the interoperability of signals — including across applications and devices — while ruling out centralisation and the capture of consent management by access controllers.

   Tabled by

   Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay

   Group

   ECR, PfE

   Targets

   Digital Omnibus proposal Recital 46

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 57–58

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

8. 467 ~Alternative Oliver Schenk +9EPP · ITRE–LIBE “To support media sustainability in Europe, Media Service Providers can ask for consent or establish necessary conditions for other legal bases for…”

   (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. They can 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. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. 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. To support media sustainability in Europe, Media Service Providers can ask for consent or establish necessary conditions for other legal bases for third parties as long as that is done for data processing required to support the functioning or funding of Media Service Providers and is conducted exclusively on their properties.

   Tabled by

   Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, François-Xavier Bellamy, Andrea Wechsler, Aura Salla

   Group

   EPP

   Targets

   Digital Omnibus proposal Recital 46

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, page 59

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

9. 468 ~Alternative Markéta GregorováGreens/EFA · ITRE–LIBE “This is why gatekeepers in the meaning of Regulation (EU) 2022/1925 should allow for third parties to provide for such means and the interface and…”

   (46) Data subjects and users should have the possibility to rely on automated and machine-readable indications of their choice to consent or refuse a consent request, withdraw consent or object to the processing of data. Such means should follow the state of the art. They can be implemented in the settings of a web browser, an operating system or inan the EU Digital Identity Wallet as set out by Regulation (EU) 914/2014, or any other adequate meansapplication. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. This is why gatekeepers in the meaning of Regulation (EU) 2022/1925 should allow for third parties to provide for such means and the interface and providers should abide by certain conditions that ensure that no dark patterns are implemented and level playing field is ensured for controllers. Providers should also not be prevented from configuring the technical means to convey a refusal of consent and an exercise of the right to object in such a way that the data subject is not faced with banners, including from the provider. The controller should be obliged to respect automated and machine-readable indications of data subject’s choices once there are available standards or common specifications. 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.Controllers should not make requests for consent for the same purpose through different means if the data subject is using automated and machine-readable signals and they should not override the choices expressed in these signals except if the data subject explicitly requests it.

   Tabled by

   Markéta Gregorová on behalf of the Verts/ALE Group

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 46

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 60–61

   Printed header

   Recital 46

   Links

   Link to this amendment
   Cite this amendment

10. 469 ~Alternative Marina Kaljurand +8S&D · ITRE–LIBE “Data subjects should have the possibility to rely on automated and machine-readable indications of their choice to consent or refuse a consent…”

    (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. They can 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. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces. 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.

    Tabled by

    Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec

    Group

    S&D

    Targets

    Digital Omnibus proposal Recital 46

    Document

    ITRE–LIBE amendments 401–526 to the draft report

    Source

    Official text, page 61

    Printed header

    Recital 46

    Links

    Link to this amendment
    Cite this amendment

11. 470 ~Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “evaluate the feasibility of decentralized standards that prevent market fragmentation and avoid the creation of new digital gatekeepers, while…”

    (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. They can 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. Rules set out in this Regulation should support the emergence of market-driven solutions with appropriate interfaces.In order to address the issue of consent fatigue and to explore long-term technical solutions that enhance user autonomy while reducing the prevalence of interruptive cookie banners, the Commission is invited to promote a voluntary and time-limited pilot project. This pilot should aim to develop and test interoperable, machine-readable standards for communicating user preferences. Such a project should be developed in close cooperation with the European Data Protection Board (EDPB) and relevant stakeholders, ensuring it remains fully voluntary, technology-neutral, and without prejudice to the high level of protection provided by Directive 2002/58/EC and Regulation (EU)2016/679. 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 pilot should specifically evaluate the feasibility of decentralized standards that prevent market fragmentation and avoid the creation of new digital gatekeepers, while simultaneously protecting innovation and competitiveness in Europe and ensuring that European companies in the digital environment can continue to operate without significant and disproportionate disruptions to their business models. 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.

    Tabled by

    Sebastian Tynkkynen, Diego Solier

    Group

    ECR

    Targets

    Digital Omnibus proposal Recital 46

    Document

    ITRE–LIBE amendments 401–526 to the draft report

    Source

    Official text, pages 61–62

    Printed header

    Recital 46

    Links

    Link to this amendment
    Cite this amendment

12. 471 ~Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “data subject, but without individual actions by the data subject. The mere fact that choices are made on behalf”

    (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.

    Tabled by

    Pernando Barrena Arza

    Group

    The Left

    Targets

    Digital Omnibus proposal Recital 46

    Document

    ITRE–LIBE amendments 401–526 to the draft report

    Source

    Official text, pages 62–63

    Printed header

    Recital 46

    Links

    Link to this amendment
    Cite this amendment