GDPR · Regulation (EU) 2016/679
Article 7
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 3 parts · 0 Council drafts · 3 Parliament amendments
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Additional proposed wording Amendment 1002 · Pernando Barrena Arza ITRE · LIBE
2a. In Article 7, paragraph 2 is replaced by the following:
If the data subject’s consent is given in the context of a written declaration or a digital interface which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable for each purpose and from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
Justification
Amendment to make Article 7(2) more tech neutral and reflect the need for specific consent.
against:
Article 7
Conditions for consent
- 1.
Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
- 2.
If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.- (2)
If the data subject’s consent is given in the context of a written declaration or a digital interface which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable for each purpose and from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
- (2)
- 3.
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
- 4.
When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
Additional proposed wording Amendment 1004 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
2a. Article 7 paragraph 3 is replaced by the following
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to refuse or withdraw consent as to give consent.'
against:
Article 7
Conditions for consent
- 1.
Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
- 2.
If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
- 3.
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to refuse or withdraw consent as to give consent.'
- 4.
When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
Additional proposed wording Amendment 1007 · Pernando Barrena Arza, João Oliveira ITRE · LIBE
2b. In Article 7, paragraph 4 is replaced by the following:
When assessing whether consent is freely given and personal data is processed fairly, utmost account shall be taken of whether, inter alia:
the controller has presented all options in a neutral and fair way without highlighting or otherwise prioritizing the option to consent;
the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract, is given or refused; or
the controller has employed designs, choice options, biased texts or other tactics with the aim of achieving consent, when this deviates from the genuine wishes of data subjects.'
Justification
Clarifications to limit the use of dark patterns.
against:
Article 7
Conditions for consent
- 1.
Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
- 2.
If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
- 3.
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
- 4.
When assessing whether consent is freely given and personal data is processed fairly, utmost account shall be taken of whether, inter alia
, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.:- (a)
the controller has presented all options in a neutral and fair way without highlighting or otherwise prioritizing the option to consent;
- (b)
the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract, is given or refused; or
- (c)
the controller has employed designs, choice options, biased texts or other tactics with the aim of achieving consent, when this deviates from the genuine wishes of data subjects.'
- (a)
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