Research

Digital Omnibus tracker

Digital Omnibus proposal

Recital 46c

Compare the available Commission, Council and Parliament texts and amendments affecting this recital.

Recital total: 1 part · 0 Council drafts · 1 Parliament amendment

Source notes (1)
  • No Commission counterpart is printed for this Parliament-proposed recital.

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.

No Council wording is mapped to these tracked parts.

Competing proposals

European Parliament amendments

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

More filters

Additional proposed wording Amendment 476 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(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 Consent should be freely given, specific, informed and unambiguous, and capable of being withdrawn as easily as it was given.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.