Digital Omnibus proposal — Recital 46a

Recital total: 1 part · 1 Council draft · 2 Parliament amendments

Tracked part

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

The wording proposed by the Commission at the start of this legislative file.

No standalone Commission wording is mapped to these tracked parts. A newly proposed provision may have no earlier text of its own.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Council document

Recital 46a

May Presidency compromise

Standardisation should play a key role to ensure that technical solutions are available for data subjects to easily set their consent preferences and enable them to make granular and informed decisions. In particular, the standards should enable data subjects to consent, refuse consent and exercise the right to object for direct marketing purposes. The standards should ensure that the conditions for consent under Regulation (EU)2016/679 are fulfilled and enable consent for different purposes. The standards should be prepared in a way that takes into account the operation of businesses in a digital environment and that ensures information is promoted in the digital economy and supports access to content and services on the open web. The standards should ensure that consumer law and competition law requirements are appropriately observed, preventing in particular self-preferencing practices in the provision of the technical solutions that enable setting consent choices.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

Search amendments

Additional proposed wording Amendment 472 ITRE · LIBE

(46a)

When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights.

Additional proposed wording Amendment 473 ITRE · LIBE

(46a)

The amendments are without prejudice to Article 25 of Regulation (EU) 2016/679: controllers should implement data protection by design and by default, embedding state-of-the-art privacy-preserving and privacy-enhancing techniques from the outset. The amendments are equally without prejudice to the security of processing (Article 32), the notification of a personal data breach to the supervisory authority (Article 33) and the communication of a personal data breach to the data subject (Article 34).

Justification

A safeguard clause preventing the simplifications from being read as an implicit weakening of the security and notification obligations, which the proposal does not amend.