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Digital Omnibus tracker

Digital Omnibus proposal

Recital 46d

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.

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Institutional text

Council Presidency texts

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

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Competing proposals

European Parliament amendments

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

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Additional proposed wording Amendment 477 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(46d)

The creation of a permanent user account, or the provision of personal data by the data subject, may be required in order to access offers or to purchase goods or services only where strictly necessary. Where such access or purchase can be ensured without it, the controller should offer the data subject a clear, easily accessible and non-discriminatory means to proceed, which should not give rise to less favourable conditions for the data subject. Making access to a service conditional on the creation of an account which is not necessary for the performance of the contract deprives consent of its free character.

Justification

Forced account creation is a widespread practice which conditions access to a service on the provision of data that is unnecessary for the contract. The guest option restores the free character of consent required by Article 7(4).