Recital 46c (new)

1 would add wording.

1. 476 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “The interface used to request, give, refuse or withdraw consent should be designed in a fair and neutral manner. It should not be designed…” numbered 46c

   (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 Consent should be freely given, specific, informed and unambiguous, and capable of being withdrawn as easily as it was given.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.

   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 46c (new)

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 66–67

   Printed header

   Recital 46 c (new)

   Links

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