Regulation (EU) 2016/679 — Article 88b

Alternative wording Amendment 117 IMCO draft opinion · Alex Agius Saliba (rapporteur)

(4) ~~The~~By … [3 months following the date of entry into force of this Regulation] the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for ~~the interpretation of~~ machine-readable indications of data subjects’ choices respecting the requirements under paragraph 1 of this Article, and ensuring a balanced representation of interests, in particular of data subjects, and the effective participation of all relevant stakeholders in the standardisation process in accordance with Articles 5, 6, and 7 of Regulation (EU) No 1025/2012.

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Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

By … [3 months following the date of entry into force of this Regulation] the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for machine-readable indications of data subjects’ choices respecting the requirements under paragraph 1 of this Article, and ensuring a balanced representation of interests, in particular of data subjects, and the effective participation of all relevant stakeholders in the standardisation process in accordance with Articles 5, 6, and 7 of Regulation (EU) No 1025/2012. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of software to access online interfaces such as web browsers, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to this Article.
6a.

Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.
7.

Paragraph 6 shall apply from [OP: please insert the date = 18 months following the date of entry into force of this Regulation].

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

~~The~~By … [3 months following the date of entry into force of this Regulation] the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for ~~the interpretation of~~ machine-readable indications of data subjects’ choices respecting the requirements under paragraph 1 of this Article, and ensuring a balanced representation of interests, in particular of data subjects, and the effective participation of all relevant stakeholders in the standardisation process in accordance with Articles 5, 6, and 7 of Regulation (EU) No 1025/2012. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 118 IMCO draft opinion · Alex Agius Saliba (rapporteur)

(6) Providers of software to access online interfaces such as web browsers~~, which are not SMEs~~, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to ~~paragraphs 2 to 5 of~~ this Article.

Justification

In light of the functioning of the internal market it is important more tech neutral and not only refer to browsers.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

By … [3 months following the date of entry into force of this Regulation] the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for machine-readable indications of data subjects’ choices respecting the requirements under paragraph 1 of this Article, and ensuring a balanced representation of interests, in particular of data subjects, and the effective participation of all relevant stakeholders in the standardisation process in accordance with Articles 5, 6, and 7 of Regulation (EU) No 1025/2012. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of software to access online interfaces such as web browsers, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to this Article.
6a.

Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.
7.

Paragraph 6 shall apply from [OP: please insert the date = 18 months following the date of entry into force of this Regulation].

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of software to access online interfaces such as web browsers~~, which are not SMEs~~, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to ~~paragraphs 2 to 5 of~~ this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 119 IMCO draft opinion · Alex Agius Saliba (rapporteur)

(6a)

Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.

Justification

This amendment is mirroring existing EU law to avoid dark patterns that influence consumers' choices.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

By … [3 months following the date of entry into force of this Regulation] the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for machine-readable indications of data subjects’ choices respecting the requirements under paragraph 1 of this Article, and ensuring a balanced representation of interests, in particular of data subjects, and the effective participation of all relevant stakeholders in the standardisation process in accordance with Articles 5, 6, and 7 of Regulation (EU) No 1025/2012. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of software to access online interfaces such as web browsers, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to this Article.
6a.

Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.
7.

Paragraph 6 shall apply from [OP: please insert the date = 18 months following the date of entry into force of this Regulation].

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
6a.

Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 120 IMCO draft opinion · Alex Agius Saliba (rapporteur)

(7) Paragraph 6 shall apply from [OP: please insert the date = 4818 months following the date of entry into force of this Regulation].

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

By … [3 months following the date of entry into force of this Regulation] the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for machine-readable indications of data subjects’ choices respecting the requirements under paragraph 1 of this Article, and ensuring a balanced representation of interests, in particular of data subjects, and the effective participation of all relevant stakeholders in the standardisation process in accordance with Articles 5, 6, and 7 of Regulation (EU) No 1025/2012. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of software to access online interfaces such as web browsers, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to this Article.
6a.

Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in paragraph 1 of this Article. Software allowing data subjects shall not make the exercise of choices or rights under this Article by data subjects unduly difficult, including by offering choices to the data subject in a non-neutral manner or by subverting or impairing the autonomy, decision-making or choices of the user via the structure, design, function or manner of operation of an online interface or a part thereof.
7.

Paragraph 6 shall apply from [OP: please insert the date = 18 months following the date of entry into force of this Regulation].

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 4818 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 438 IMCO

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 439 IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

~~Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons~~

Alternative wording Amendment 440 IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Automated and machine-readable indications of ~~data~~the ~~subject’s~~expressed ~~choices~~consumer choice with respect to processing of, storing of or gaining access to personal data in the terminal equipment of natural persons

Remove proposed wording Amendment 441 IMCO

(1) Controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 442 IMCO

(1) Providers of web browsers, websites, operating systems and applications shall provide technical means allowing data subjects to express, using automated and machine-readable indications, their choice to consent, refuse a consent request or exercise their right to object in accordance with Article 21(2). These means must be interoperable so as to ensure that an indication at any level, whether it be a terminal, an operating system, a browser, an application or a website, is recognised and taken into account at different levels; these means must not constitute a single mandatory mechanism. Controllers shall ensure that their online interfaces ~~allow~~recognise ~~data~~and ~~subjects~~take ~~to:~~into account these indications, provided that the conditions of consent under this Regulation are fulfilled.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Providers of web browsers, websites, operating systems and applications shall provide technical means allowing data subjects to express, using automated and machine-readable indications, their choice to consent, refuse a consent request or exercise their right to object in accordance with Article 21(2). These means must be interoperable so as to ensure that an indication at any level, whether it be a terminal, an operating system, a browser, an application or a website, is recognised and taken into account at different levels; these means must not constitute a single mandatory mechanism. Controllers shall ensure that their online interfaces ~~allow~~recognise ~~data~~and ~~subjects~~take ~~to:~~into account these indications, provided that the conditions of consent under this Regulation are fulfilled. (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 443 IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

(1) ~~Controllers~~For the purpose of consumer’s consent to exercise their rights under this Regulation, notably the storing of their personal data, or gaining of access to personal data already stored in the terminal equipment of a natural person in accordance with Directive 2002/58/EC, controllers shall ensure that their online interfaces allow ~~data subjects~~consumers to:

Additional proposed wording Amendment 444 IMCO

(-a) receive all information enabling the consumer to make an informed choice to consent or object to the processing and exercise his or her rights under the regulation

Justification

This addition is to allow the consumer to get the necessary information ahead of making a decision and ensures coherence across the signal chain. This ensures that a simple comparison is possible and to quickly understand the relevant parts of the request.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (-a)
  
  (-a) receive all information enabling the consumer to make an informed choice to consent or object to the processing and exercise his or her rights under the regulation
2. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
3. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 445 IMCO

(a) Allow the consumer to Give specific consent ~~through~~per ~~automated~~controller and ~~machine-readable~~per ~~means~~purpose, provided that the conditions for consent laid down in ~~this~~Regulation ~~Regulation~~2016/679 are fulfilled and therefore that consent is kept, among the others, free, based on the prior provision of clear and comprehensive information and allows consumer choice for specific purposes and a specific identifiable controller;

Justification

Consent for consumers needs to be informed and can therefore not be automated. This is to amend the wording accordingly and make it workable for consumers.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Allow the consumer to Give specific consent ~~through~~per ~~automated~~controller and ~~machine-readable~~per ~~means~~purpose, provided that the conditions for consent laid down in ~~this~~Regulation ~~Regulation~~2016/679 are fulfilled and therefore that consent is kept, among the others, free, based on the prior provision of clear and comprehensive information and allows consumer choice for specific purposes and a specific identifiable controller;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 446 IMCO

(b) ~~decline~~to ~~a request for~~refuse consent ~~and~~or ~~exercise~~otherwise ~~the right~~object to ~~object~~processing ~~pursuant~~activities tounder ~~Article~~Art. 21(2) ~~through~~of ~~automated~~Regulation ~~and machine-readable means.~~2016/979;

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  ~~decline~~to ~~a request for~~refuse consent ~~and~~or ~~exercise~~otherwise ~~the right~~object to ~~object~~processing ~~pursuant~~activities tounder ~~Article~~Art. 21(2) ~~through~~of ~~automated~~Regulation ~~and machine-readable means.~~2016/979;
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 447 IMCO

(ba)

withdraw consent through automated and machine-readable means previously given, in accordance with Article 7(3) of this Regulation. Where an active refusal signal is present, storing of, or gaining access to, personal data in terminal equipment shall not take place. A consumer’s withdrawal of consent through automated and machine-readable signals, as provided for under this article, shall have the legal automatic consequence of prohibiting the storing of information, or the gaining of access to information already stored, in the terminal equipment of that user related to that processing activity pursuant to Article 88a of this Regulation and in compliance with Article 5 of Directive 2002/58/EC.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (ba)
  
  withdraw consent through automated and machine-readable means previously given, in accordance with Article 7(3) of this Regulation. Where an active refusal signal is present, storing of, or gaining access to, personal data in terminal equipment shall not take place. A consumer’s withdrawal of consent through automated and machine-readable signals, as provided for under this article, shall have the legal automatic consequence of prohibiting the storing of information, or the gaining of access to information already stored, in the terminal equipment of that user related to that processing activity pursuant to Article 88a of this Regulation and in compliance with Article 5 of Directive 2002/58/EC.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 448 IMCO

(bb)

object to subsequent processing transmitted through browser, operating system, application-level or user agent

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (bb)
  
  object to subsequent processing transmitted through browser, operating system, application-level or user agent
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 449 IMCO

~~(2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 450 IMCO

(2) Controllers and any other party involved in the generation, management, transmission and application of automated and machine readable signals, shall respect and give effect to the choices made by data subjects in accordance with paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers and any other party involved in the generation, management, transmission and application of automated and machine readable signals, shall respect and give effect to the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 451 IMCO

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 452 IMCO

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 453 IMCO

(4) The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 454 IMCO

(4) The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 455 IMCO

(4) The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 456 IMCO

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 457 IMCO

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices as it regards their design and their technical standards and covering the requirements of paragraph 1. In particular, such a request shall set out essential safeguards to the interpretation of automated signals and at minimum lay down detailed rules and standards to: (a) guarantee privacy by default and design in accordance with Article 25 of this Regulation; (b) present minimum technical requirements for ensuring that an active refusal signal prevents the storing of, or gaining access to, personal data in terminal. equipment without requiring further interaction with the data subject; (c) guarantee that such mechanisms are neutral and do not favour specific services, software or interfaces (d) provide detailed guidance on how to ensure neutral interfaces, with specific attention to avoid any type of dark patterns, deceptive and non-neutral elements in the design of the interface with data subjects, and in full respect of the principle of fairness; (e) define interoperability requirements for the transmission and recognition of signals. At least for the interaction between web browsers and websites, as well as mobile operating systems and mobile applications, such a request shall be made by [insert the date: 3 months following the date of entry into force of this Regulation].

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. ~~Online~~as ~~interfaces~~it ofregards ~~controllers~~their ~~which~~design ~~are~~and intheir ~~conformity with harmonised~~technical standards orand ~~parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with~~covering the requirements ~~covered by those standards or parts thereof, set out in~~of paragraph 1.
1.
In particular, such a request shall set out essential safeguards to the interpretation of automated signals and at minimum lay down detailed rules and standards to:
1. (a)
  
  guarantee privacy by default and design in accordance with Article 25 of this Regulation;
2. (b)
  
  present minimum technical requirements for ensuring that an active refusal signal prevents the storing of, or gaining access to, personal data in terminal. equipment without requiring further interaction with the data subject;
3. (c)
  
  guarantee that such mechanisms are neutral and do not favour specific services, software or interfaces (d) provide detailed guidance on how to ensure neutral interfaces, with specific attention to avoid any type of dark patterns, deceptive and non-neutral elements in the design of the interface with data subjects, and in full respect of the principle of fairness;
4. (e)
  
  define interoperability requirements for the transmission and recognition of signals. At least for the interaction between web browsers and websites, as well as mobile operating systems and mobile applications, such a request shall be made by [insert the date: 3 months following the date of entry into force of this Regulation]. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 458 IMCO

Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 459 IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

~~Online~~The ~~interfaces~~Commission ofshall ~~controllers~~adopt ~~which~~delegated acts establishing common specifications for the requirements set out in paragraph 1 if the following conditions are infulfilled: (a) ~~conformity~~the ~~with~~Commission has requested one or more European standardisation organisations to draft harmonised standards oras ~~parts~~set ~~thereof~~out in paragraph 4, and: (i) the ~~references~~request has not been accepted by any of ~~which~~the ~~have~~European standardisation organisations; or (ii) the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or (iii) the harmonised standards do not comply with the request; and (b) no reference to harmonised standards covering the requirements set out in paragraph 1 has been published in the Official Journal of the European Union ~~shall~~in beaccordance ~~presumed~~with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period. Those implementing acts shall be adopted in ~~conformity~~accordance with the ~~requirements~~examination ~~covered~~procedure byreferred ~~those standards or parts thereof, set out~~to in ~~paragraph~~Article 193(2).

Remove proposed wording Amendment 460 IMCO

~~(5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 461 IMCO

(6) Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 462 IMCO

(6) Providers of web browsers, which are not SMEs, shall provide, but not impose by default, the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article. This paragraph shall not affect the possibility of processors obtaining explicit consent by other means, and shall apply in accordance with the principle of technological neutrality.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide, but not impose by default, the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article. This paragraph shall not affect the possibility of processors obtaining explicit consent by other means, and shall apply in accordance with the principle of technological neutrality.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 463 IMCO

(6) Providers of software to access interfaces such as mobile operating systems or web browsers, ~~which~~operating ~~are~~systems ~~not~~applications ~~SMEs,~~and any other actor operating in the signal chain shall provide the technical means to ~~allow data subjects to give their consent and to refuse a request for consent and~~ exercise the ~~right~~choices toin ~~object~~paragraph ~~pursuant~~1 toof this Article ~~21(2)~~ through the automated and machine-readable means ~~referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article~~therein.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of software to access interfaces such as mobile operating systems or web browsers, ~~which~~operating ~~are~~systems ~~not~~applications ~~SMEs,~~and any other actor operating in the signal chain shall provide the technical means to ~~allow data subjects to give their consent and to refuse a request for consent and~~ exercise the ~~right~~choices toin ~~object~~paragraph ~~pursuant~~1 toof this Article ~~21(2)~~ through the automated and machine-readable means ~~referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article~~therein.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 464 IMCO

~~(7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 465 IMCO

(7) Paragraph 6 shall apply from [OP: please insert the date = 4818 months following the date of entry into force of this Regulation].

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 4818 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 466 IMCO

(7a)

Providers of web browsers, operating systems and applications and any other actor operating in the automated machine-readable signals chain, shall not process choices expressed by the consumer referred to in paragraph 1 for any other purpose than transmitting, generating, managing and applying the signal to providers of online interfaces. Usage of signal data is prohibited for advertising, profiling, analytics, measurement, service optimisation, self-preferencing, cross-service linking, retention or any secondary purpose.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
7a.

Providers of web browsers, operating systems and applications and any other actor operating in the automated machine-readable signals chain, shall not process choices expressed by the consumer referred to in paragraph 1 for any other purpose than transmitting, generating, managing and applying the signal to providers of online interfaces. Usage of signal data is prohibited for advertising, profiling, analytics, measurement, service optimisation, self-preferencing, cross-service linking, retention or any secondary purpose.

Remove proposed wording Amendment 1443 ITRE · LIBE

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1444 ITRE · LIBE

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1445 ITRE · LIBE

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1446 ITRE · LIBE

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1447 ITRE · LIBE

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1448 ITRE · LIBE

~~Article 88b~~

Justification

Centralising consent at the browser level risks reinforcing the position of dominant undertakings, in some cases designated as gatekeepers under the Digital Markets Act

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1449 ITRE · LIBE

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1450 ITRE · LIBE

~~Article 88b~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1451 ITRE · LIBE

~~Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1452 ITRE · LIBE

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

~~Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons~~

Remove proposed wording Amendment 1453 ITRE · LIBE

~~Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1454 ITRE · LIBE

~~Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 1455 ITRE · LIBE

~~Automated~~Voluntary automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

Preview
against:

Article 88b

AutomatedVoluntary automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1456 ITRE · LIBE

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of ~~natural~~data ~~persons~~subjects

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of naturaldata personssubjects

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1457 ITRE · LIBE

Automated and machine-readable ~~indications~~signals of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

Preview
against:

Article 88b

Automated and machine-readable indicationssignals of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1458 ITRE · LIBE

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in ~~the~~ terminal equipment ~~of natural persons~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1459 ITRE · LIBE

(1) Controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1460 ITRE · LIBE

(1) Controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1461 ITRE · LIBE

(1) Controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1462 ITRE · LIBE

(1) Controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
~~Controllers shall ensure that their online interfaces allow data subjects to:~~
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1463 ITRE · LIBE

(1) Controllers shall ensure that their online interfaces allow data subjects to use automated and machine-readable means to express the following purposes:

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to use automated and machine-readable means to express the following purposes:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1464 ITRE · LIBE

(1) Controllers shall ensure that their online interfaces allow data subjects to signal, through automated and machine-readable means:

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to signal, through automated and machine-readable means:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1465 ITRE · LIBE

(-a) In Article 88b, paragraph 1, the folliwing point is inserted

(-a) receive at least information according to Articles 7(3), 13 and, if applicable, 14(1)(c) and (d) , enabling a data subject to provide informed consent or object to the data processing though automated and machine-readable means;

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (-a)
  
  (-a) receive at least information according to Articles 7(3), 13 and, if applicable, 14(1)(c) and (d) , enabling a data subject to provide informed consent or object to the data processing though automated and machine-readable means;
2. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
3. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1466 ITRE · LIBE

~~(a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1467 ITRE · LIBE

~~(a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1468 ITRE · LIBE

~~(a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  ~~Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;~~
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1469 ITRE · LIBE

(a) Give specific consent per controller and per purpose through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give specific consent per controller and per purpose through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1470 ITRE · LIBE

(a) ~~Give~~the data subject’s consent ~~through~~for ~~automated~~a specific controller and ~~machine-readable~~a ~~means,~~specified ~~provided~~purpose ~~that~~based on actively given consent by them under the conditions for consent laid down in this Regulation ~~are fulfilled~~;

Justification

Consent needs to be informed and can therefore only be given by the data subject themself for the first time.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  ~~Give~~the data subject’s consent ~~through~~for ~~automated~~a specific controller and ~~machine-readable~~a ~~means,~~specified ~~provided~~purpose ~~that~~based on actively given consent by them under the conditions for consent laid down in this Regulation ~~are fulfilled~~;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1471 ITRE · LIBE

(a) Give consent ~~through~~for ~~automated~~all ~~and~~or ~~machine-readable~~some ~~means,~~of the purposes requested by controllers provided that the conditions for consent laid down in this Regulation are fulfilled;

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent ~~through~~for ~~automated~~all ~~and~~or ~~machine-readable~~some ~~means,~~of the purposes requested by controllers provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1472 ITRE · LIBE

(a) Give, reject and withdraw consent through automated and machine-readable means, provided that ~~the~~such ~~conditions~~means ~~for~~allow ~~consent~~specific ~~laid~~and ~~down~~informed ~~in this Regulation are fulfilled~~choices;

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give, reject and withdraw consent through automated and machine-readable means, provided that ~~the~~such ~~conditions~~means ~~for~~allow ~~consent~~specific ~~laid~~and ~~down~~informed ~~in this Regulation are fulfilled~~choices;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1473 ITRE · LIBE

~~(b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1474 ITRE · LIBE

~~(b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1475 ITRE · LIBE

~~(b) decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  ~~decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.~~
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1476 ITRE · LIBE

(b) ~~decline~~the refusal to give a ~~request for~~requested consent and the exercise the right to object pursuant to Article 21(1), Article 21(2) ~~through automated~~, and ~~machine-readable~~Article ~~means.~~21(5);

Justification

Important to cover all options under Article 21, including the already existing 21(5) on automated exercise of the right to object.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  ~~decline~~the refusal to give a ~~request for~~requested consent and the exercise the right to object pursuant to Article 21(1), Article 21(2) ~~through automated~~, and ~~machine-readable~~Article ~~means.~~21(5);
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1477 ITRE · LIBE

(b) decline a request for consent ~~and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means~~.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent ~~and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means~~.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1478 ITRE · LIBE

(b) decline a request for consent ~~and~~, exercise the ~~right~~rights to withdraw consent pursuant to Article 7(3) and to object pursuant to Article 21(2) through automated and machine-readable means.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent ~~and~~, exercise the ~~right~~rights to withdraw consent pursuant to Article 7(3) and to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1479 ITRE · LIBE

(b) ~~decline a request for consent and~~ exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  ~~decline a request for consent and~~ exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1480 ITRE · LIBE

(ba) In Article 88b, paragraph 1, the following point ba is inserted

(ba)

modify, withdraw or reinstate their consent at any time, and modify their choice concerning the exercise of their right to object, by automated and machine-readable means, under conditions that are as straightforward as those for giving their consent or exercising that right.’

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (ba)
  
  modify, withdraw or reinstate their consent at any time, and modify their choice concerning the exercise of their right to object, by automated and machine-readable means, under conditions that are as straightforward as those for giving their consent or exercising that right.’
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1481 ITRE · LIBE

(ba) In Article 88b, paragraph 1, the following point ba is inserted

(ba)

The data subject shall retain the possibility to give, refuse or withdraw consent for a specific controller or service, and an automated indication shall not preclude the expression of such service-specific choices.'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (ba)
  
  The data subject shall retain the possibility to give, refuse or withdraw consent for a specific controller or service, and an automated indication shall not preclude the expression of such service-specific choices.'
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1482 ITRE · LIBE

(ba) In Article 88b, paragraph 1, the following point ba is inserted

(ba)

the withdrawal of consent pursuant to Article 7(3);'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (ba)
  
  the withdrawal of consent pursuant to Article 7(3);'
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1483 ITRE · LIBE

(ba) In Article 88b, paragraph 1, the following point ba is inserted

(ba)

withdraw consent;'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (ba)
  
  withdraw consent;'
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1484 ITRE · LIBE

(bc) In Article 88b, paragraph 1, the following point is inserted

(bb)

exercise their right to object;'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (bb)
  
  exercise their right to object;'
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1485 ITRE · LIBE

(be) In Article 88b, paragraph 1, the following point is added

(bc)

receive relevant information pursuant to this Regulation to make informed decision.'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
3. (bc)
  
  receive relevant information pursuant to this Regulation to make informed decision.'
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1486 ITRE · LIBE

(1a) In Article 88b, the following paragraph 1a is inserted:

Controllers such as providers of web browsers, websites, operating systems and applications shall make available the technical means for data subjects to express, through automated and machine-readable indications, their choice to give consent, to decline a request for consent or to exercise the right to object pursuant to Article 21(2). Such means shall be cross-devvice and interoperable, so that a signal expressed at one level, whether, terminal, operating system, browser, application or website, is recognised and given effect at the others, including between different applications and between different terminal devices used by the same data subject, and shall not constitute a single mandatory mechanism. nor be provided in a manner that concentrates the management of consent in a single system or entity. The technical means shall not be designed or operated so as to confer on the provider of a browser, operating system or terminal a preferential position in obtaining, refusing or managing consent.Controllers shall ensure that their online interfaces recognise and give effect to such indications, provided that the conditions for consent laid down in this Regulation are fulfilled.'

Justification

cross-device consent

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
1a.

Controllers such as providers of web browsers, websites, operating systems and applications shall make available the technical means for data subjects to express, through automated and machine-readable indications, their choice to give consent, to decline a request for consent or to exercise the right to object pursuant to Article 21(2). Such means shall be cross-devvice and interoperable, so that a signal expressed at one level, whether, terminal, operating system, browser, application or website, is recognised and given effect at the others, including between different applications and between different terminal devices used by the same data subject, and shall not constitute a single mandatory mechanism. nor be provided in a manner that concentrates the management of consent in a single system or entity. The technical means shall not be designed or operated so as to confer on the provider of a browser, operating system or terminal a preferential position in obtaining, refusing or managing consent.Controllers shall ensure that their online interfaces recognise and give effect to such indications, provided that the conditions for consent laid down in this Regulation are fulfilled.'
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1487 ITRE · LIBE

(1b) In Article 88b, the following paragraph 1b is inserted:

Where technically feasible, data subjects shall be able to use automated and machine-readable means to indicate for which AI-related purposes their personal data may or may not be used. Those indications may distinguish between different purposes, including, for example, AI training, fine- tuning, evaluation, safety testing, generation of outputs, personalisation, advertising, profiling, biometric identification, scientific research, or other specified purposes. Controllers shall respect such indications where the relevant processing is based on consent or on Article 6(1)(f), unless Union or Member State law provides otherwise.'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
1b.

Where technically feasible, data subjects shall be able to use automated and machine-readable means to indicate for which AI-related purposes their personal data may or may not be used. Those indications may distinguish between different purposes, including, for example, AI training, fine- tuning, evaluation, safety testing, generation of outputs, personalisation, advertising, profiling, biometric identification, scientific research, or other specified purposes. Controllers shall respect such indications where the relevant processing is based on consent or on Article 6(1)(f), unless Union or Member State law provides otherwise.'
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1488 ITRE · LIBE

~~(2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1489 ITRE · LIBE

~~(2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1490 ITRE · LIBE

~~(2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1491 ITRE · LIBE

~~(2) Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

~~Controllers shall respect the choices made by data subjects in accordance with paragraph 1.~~
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1492 ITRE · LIBE

(2) Controllers shall respect the choices made by data subjects or authorized third-party provider of software or agents conveying choices on their behalf in accordance with paragraph 1. Where the data subject or authorized third-party agent acting on their behalf signals a refusal, withdrawal or objection pursuant to paragraph 1, the controler shall not request consent for the same purpose for a least a year.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects or authorized third-party provider of software or agents conveying choices on their behalf in accordance with paragraph 1.
1.

Where the data subject or authorized third-party agent acting on their behalf signals a refusal, withdrawal or objection pursuant to paragraph 1, the controler shall not request consent for the same purpose for a least a year.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1493 ITRE · LIBE

(2) ~~Controllers~~The ~~shall respect the choices made by data subjects~~signals in accordance with paragraph 1 shall be legally valid and be binding on, and enforceable against, the controller and any other party. Controllers shall not make requests for consent for the same purpose through different means. Controllers shall not override the choice made through automated and machine-readable means unless the data subject explicitly requests it.

Justification

Wording from the EP mandate on the ePrivacy Reform in 2017

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

~~Controllers~~The ~~shall respect the choices made by data subjects~~signals in accordance with paragraph 1 shall be legally valid and be binding on, and enforceable against, the controller and any other party. Controllers shall not make requests for consent for the same purpose through different means. Controllers shall not override the choice made through automated and machine-readable means unless the data subject explicitly requests it.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1494 ITRE · LIBE

(2) Controllers shall disclose the purposes for which they request consent or where a data subject can object through automated and machine-readable means and respect the choices made by data subjects in accordance with paragraph 1 and 6.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall disclose the purposes for which they request consent or where a data subject can object through automated and machine-readable means and respect the choices made by data subjects in accordance with paragraph 1 and 6.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1495 ITRE · LIBE

(2a) In Article 88b, the following paragraph is inserted:

A data subject shall not be denied access to a service or a functionality of that service based on their choices pursuant to paragraph 1, providing that consent is not strictly necessary for the functionality of that service.'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
2a.

A data subject shall not be denied access to a service or a functionality of that service based on their choices pursuant to paragraph 1, providing that consent is not strictly necessary for the functionality of that service.'
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1496 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Justification

No exemptions for media services.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1497 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1498 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Justification

No black/white exemption, but exemption from the need to have consent in the first place in Art. 88a (now moved to ePrivacy) for audience measurement.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1499 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1500 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1501 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1502 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1503 ITRE · LIBE

~~(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

~~Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.~~
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1504 ITRE · LIBE

(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service and comply with Article 6 of Regulation (EU) 2024/1083. Controllers that are media service providers providing news and current affairs content pursuant to Article 6 (3) of Regulation (EU) 2024/1083 shall have the right to have their online interfaces included in recommended choices, such as whitelists, maintained by web browsers and providers of operating systems.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service and comply with Article 6 of Regulation (EU) 2024/1083. Controllers that are media service providers providing news and current affairs content pursuant to Article 6
3.

of Regulation (EU) 2024/1083 shall have the right to have their online interfaces included in recommended choices, such as whitelists, maintained by web browsers and providers of operating systems.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1505 ITRE · LIBE

(3) Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service. This exemption extends to all processing carried out by or on behalf of a media service provider in connection with the provision of the media service.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service. This exemption extends to all processing carried out by or on behalf of a media service provider in connection with the provision of the media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1506 ITRE · LIBE

(3a) In Article 88b, the following paragraph is inserted:

Where a data subject gives specific consent to a controller pursuant to Article 88a, such consent shall prevail over any conflicting automated or machine-readable indication referred to in paragraph 1.'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
3a.

Where a data subject gives specific consent to a controller pursuant to Article 88a, such consent shall prevail over any conflicting automated or machine-readable indication referred to in paragraph 1.'
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1507 ITRE · LIBE

(4) The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1508 ITRE · LIBE

(4) The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1509 ITRE · LIBE

(4) The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1510 ITRE · LIBE

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1511 ITRE · LIBE

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1512 ITRE · LIBE

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1513 ITRE · LIBE

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. The European standardisation organisations shall, where appropriate, take into account existing international standards developed by international standardisation organisations, as well as emerging technical specifications developed by relevant industry consortia. When drawing up the standardisation mandate, the Commission shall consult the European Data Protection Board and an advisory forum comprising representatives of controllers, data subjects, media service providers, consumer protection organisations, academia and civil society to ensure that standards reflect diverse perspectives and do not create new gatekeepers

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. The European standardisation organisations shall, where appropriate, take into account existing international standards developed by international standardisation organisations, as well as emerging technical specifications developed by relevant industry consortia. When drawing up the standardisation mandate, the Commission shall consult the European Data Protection Board and an advisory forum comprising representatives of controllers, data subjects, media service providers, consumer protection organisations, academia and civil society to ensure that standards reflect diverse perspectives and do not create new gatekeepers Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1514 ITRE · LIBE

~~The~~By [OP: insert the date: 6 months after entry into force of this amending Regulation], the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to, within one year after receiving the request, draft standards for the interpretation of machine-readable indications of data subjects’ choices. The standards shall allow for the providers of the technical means and controllers to comply with this Article. When preparing the standardisation request, the Commission shall consult the European Data Protection Board and the European Data Protection Supervisor.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

~~The~~By [OP: insert the date: 6 months after entry into force of this amending Regulation], the Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to, within one year after receiving the request, draft standards for the interpretation of machine-readable indications of data subjects’ choices. The standards shall allow for the providers of the technical means and controllers to comply with this Article. When preparing the standardisation request, the Commission shall consult the European Data Protection Board and the European Data Protection Supervisor. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1515 ITRE · LIBE

The Commission ~~shall~~may, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. It shall make such a request within 3 months from the coming into force of this regulation for websites and web browsers. The standardization organization shall ensure that consumers and data subjects are represented in the standardization process.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission ~~shall~~may, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. It shall make such a request within 3 months from the coming into force of this regulation for websites and web browsers. The standardization organization shall ensure that consumers and data subjects are represented in the standardization process. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1516 ITRE · LIBE

~~The~~Technical ~~Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards~~specifications for ~~the interpretation of~~ machine-readable indications of ~~data~~choices ~~subjects’~~shall ~~choices~~be open, royalty-free, interoperable, publicly documented and independently verifiable. They shall be developed with the substantial involvement of the European Data Protection Board, national supervisory authorities, consumer organisations, SMEs and open-source software providers. Compliance with a standard shall not give rise to a presumption that the underlying processing is lawful.

Justification

Machine-readable choices can reduce the number of cookie banners that appear. However, they must not generate blanket, pre-set or platform-derived consent, nor establish a proprietary default setting.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

~~The~~Technical ~~Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards~~specifications for ~~the interpretation of~~ machine-readable indications of ~~data~~choices ~~subjects’~~shall ~~choices~~be open, royalty-free, interoperable, publicly documented and independently verifiable. They shall be developed with the substantial involvement of the European Data Protection Board, national supervisory authorities, consumer organisations, SMEs and open-source software providers. Compliance with a standard shall not give rise to a presumption that the underlying processing is lawful. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1517 ITRE · LIBE

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the technical specifications, interoperable protocols, and interpretation of the automated and machine-readable indications of data subjects’ choices.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the technical specifications, interoperable protocols, and interpretation of the automated and machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1518 ITRE · LIBE

Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1519 ITRE · LIBE

Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1520 ITRE · LIBE

Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1521 ITRE · LIBE

Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1522 ITRE · LIBE

Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.

Justification

Moved to new paragraph 4b to also cover common specifications as per 4a.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1523 ITRE · LIBE

(4a) In Article 88b, the following paragraph is inserted:

The Commission shall adopt implementing acts establishing common specifications for the requirements set out in paragraphs 1 and 2, where the following conditions have been fulfilled one year after the request pursuant to paragraph 4 has been made:

(a)

the request pursuant to paragraph 4 has not been accepted by any of the European standardisation organisations; or

(b)

the harmonised standards addressing that request are not delivered within the deadline set in paragraph 4 and in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or

(c)

the harmonised standards do not comply with the request; and

(d)

no reference to harmonised standards covering the requirements referred to in paragraphs 1 and 2 has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.'

Justification

modeled after Article 41 AI Act

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
4a.
The Commission shall adopt implementing acts establishing common specifications for the requirements set out in paragraphs 1 and 2, where the following conditions have been fulfilled one year after the request pursuant to paragraph 4 has been made:
1. (a)
  
  the request pursuant to paragraph 4 has not been accepted by any of the European standardisation organisations; or
2. (b)
  
  the harmonised standards addressing that request are not delivered within the deadline set in paragraph 4 and in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or
3. (c)
  
  the harmonised standards do not comply with the request; and
4. (d)
  
  no reference to harmonised standards covering the requirements referred to in paragraphs 1 and 2 has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.'
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1524 ITRE · LIBE

(4b) In Article 88b, the following paragraph is inserted:

Online interfaces of controllers which are in conformity with harmonised standards or common specifications or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.'

Justification

moved here from paragraph 4 last sub-paragraph, so it also covers common specifications as per paragraph 4a (new)

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
4b.

Online interfaces of controllers which are in conformity with harmonised standards or common specifications or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.'
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1525 ITRE · LIBE

~~(5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1526 ITRE · LIBE

~~(5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1527 ITRE · LIBE

~~(5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1528 ITRE · LIBE

~~(5) Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

~~Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].~~
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1529 ITRE · LIBE

(5) Paragraphs 1 and 2 shall apply ~~from [OP: please insert the date = 24~~12 months following the ~~date~~publication of ~~entry~~the ~~into~~standards ~~force~~or ofthe ~~this~~common ~~Regulation]~~specifications pursuant to paragraph 4 or 4a.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply ~~from [OP: please insert the date = 24~~12 months following the ~~date~~publication of ~~entry~~the ~~into~~standards ~~force~~or ofthe ~~this~~common ~~Regulation]~~specifications pursuant to paragraph 4 or 4a.
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1530 ITRE · LIBE

(6) Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1531 ITRE · LIBE

(6) Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1532 ITRE · LIBE

(6) Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1533 ITRE · LIBE

(6) Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1534 ITRE · LIBE

(6) Providers of web browsers, ~~which~~and ~~are~~operating ~~not SMEs,~~systems shall: a) provide the technical means to allow data subjects to give their consent ~~and to~~, refuse or withdraw a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article; b) ensure that their technical infrastructure allows authorized third-party software or agent providers to act on behalf of the data subject, while data subjects, upon their first use, shall be prompted to select the use of such software in online interfaces; c) not restrict, deny or degrade access or functionality to a service for any privacy-enhancing software, such as a Virtual Private Network, automated configurations, browser extensions or other technology designed to protect the confidentiality of their communication or of their terminal equipment, provided that such technologies comply with technical specifications established by the harmonised standards pursuant to paragraph 4; d) allow data subjects to import recommended choices, such as whitelists, to the technical means allowing choices, while data subjects, upon their first use, shall be prompted to allow an exception for independent media service providers pursuant to paragraph 3. e) not process the data subject’s choices referred to in paragraph 1 for any other purpose than transmitting the signal to providers of online interfaces, including in relation to software applications operating on that terminal equipment.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, ~~which~~and ~~are~~operating ~~not SMEs,~~systems shall: a) provide the technical means to allow data subjects to give their consent ~~and to~~, refuse or withdraw a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.; b) ensure that their technical infrastructure allows authorized third-party software or agent providers to act on behalf of the data subject, while data subjects, upon their first use, shall be prompted to select the use of such software in online interfaces; c) not restrict, deny or degrade access or functionality to a service for any privacy-enhancing software, such as a Virtual Private Network, automated configurations, browser extensions or other technology designed to protect the confidentiality of their communication or of their terminal equipment, provided that such technologies comply with technical specifications established by the harmonised standards pursuant to paragraph 4; d) allow data subjects to import recommended choices, such as whitelists, to the technical means allowing choices, while data subjects, upon their first use, shall be prompted to allow an exception for independent media service providers pursuant to paragraph
3.

e) not process the data subject’s choices referred to in paragraph 1 for any other purpose than transmitting the signal to providers of online interfaces, including in relation to software applications operating on that terminal equipment.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1535 ITRE · LIBE

(6) Providers of web browsers, ~~which~~applications ~~are~~and ~~not~~operating ~~SMEs,~~systems shall provide the technical means to allow data subjects to give their consent for specific controllers and specified purposes, to refuse a request for consent, to withdraw consent, and to exercise the right to object ~~pursuant to Article 21(2)~~ through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article. Nothing in this paragraph shall preclude a provider of a web browser, an application, or an operating system from configuring the technical means referred to in this paragraph to convey, by default, a refusal of consent and an exercise of the right to object referred to in point (b) of paragraph 1, in line with the requirements of Article 24(4).

Justification

Necessary to expand the obligation to any software that allows using information society services.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, ~~which~~applications ~~are~~and ~~not~~operating ~~SMEs,~~systems shall provide the technical means to allow data subjects to give their consent for specific controllers and specified purposes, to refuse a request for consent, to withdraw consent, and to exercise the right to object ~~pursuant to Article 21(2)~~ through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article. Nothing in this paragraph shall preclude a provider of a web browser, an application, or an operating system from configuring the technical means referred to in this paragraph to convey, by default, a refusal of consent and an exercise of the right to object referred to in point (b) of paragraph 1, in line with the requirements of Article 24(4).
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1536 ITRE · LIBE

(6) ~~Providers~~Rules set out in this Regulation should support the emergence of ~~web~~market-driven ~~browsers,~~solutions ~~which~~with ~~are~~appropriate ~~not~~interfaces ~~SMEs, shall~~that provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article ,and shall provide the technical means to allow media service providers to effectively use the exception pursuant to paragraph 3, as applied pursuant to paragraphs 2 to 5 of this ~~Article~~article. The technical means should allow for granular choices, including category-based or purpose-based preferences, and shall enable data subjects to override global settings at the service level.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

~~Providers~~Rules set out in this Regulation should support the emergence of ~~web~~market-driven ~~browsers,~~solutions ~~which~~with ~~are~~appropriate ~~not~~interfaces ~~SMEs, shall~~that provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article ,and shall provide the technical means to allow media service providers to effectively use the exception pursuant to paragraph 3, as applied pursuant to paragraphs 2 to 5 of this ~~Article~~article. The technical means should allow for granular choices, including category-based or purpose-based preferences, and shall enable data subjects to override global settings at the service level.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1537 ITRE · LIBE

(6) Providers of web browsers, which are not SMEs, shall ~~provide~~make available, without imposing them by default, the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article. This paragraph is without prejudice to the possibility for controllers to obtain explicit consent by other means and shall be applied in accordance with the principle of technological neutrality.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall ~~provide~~make available, without imposing them by default, the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article. This paragraph is without prejudice to the possibility for controllers to obtain explicit consent by other means and shall be applied in accordance with the principle of technological neutrality.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1538 ITRE · LIBE

(6) Providers of ~~web~~software ~~browsers,~~to ~~which~~access ~~are~~online ~~not SMEs,~~interfaces shall provide ~~the~~third-party ~~technical~~consent ~~means~~management software to ~~allow data subjects to give their consent and to refuse a request for consent and exercise~~manage the ~~right to object pursuant to Article 21(2) through the automated and machine-readable means~~choices referred to in paragraph 1 on behalf of data subjects within 3 months of any standard under paragraph 4 being adopted. Third-party consent management software shall not have any commercial interest in the choices of the data subject and provide a neutral interface. Automated choices by a consent management software shall be deemed valid under this ~~Article, as applied pursuant to paragraphs 2 to 5 of this Article~~Regulation.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of ~~web~~software ~~browsers,~~to ~~which~~access ~~are~~online ~~not SMEs,~~interfaces shall provide ~~the~~third-party ~~technical~~consent ~~means~~management software to ~~allow data subjects to give their consent and to refuse a request for consent and exercise~~manage the ~~right to object pursuant to Article 21(2) through the automated and machine-readable means~~choices referred to in paragraph 1 on behalf of data subjects within 3 months of any standard under paragraph 4 being adopted. Third-party consent management software shall not have any commercial interest in the choices of the data subject and provide a neutral interface. Automated choices by a consent management software shall be deemed valid under this ~~Article, as applied pursuant to paragraphs 2 to 5 of this Article~~Regulation.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Alternative wording Amendment 1539 ITRE · LIBE

(6) Providers of web browsers and providers of functionally equivalent software, ~~which~~such ~~are~~as ~~not~~operating ~~SMEs~~systems for mobile devices or connected TV devices, shall provide the technical means to allow data subjects to ~~give their consent and to refuse a request for consent and~~ exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.

Justification

This is a linguistic clarification to include in the regulation operating systems for mobile devices such as smartphones and tablets, and for smart TVs, which all have functionalities that are similar to those of web browsers.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers and providers of functionally equivalent software, ~~which~~such ~~are~~as ~~not~~operating ~~SMEs~~systems for mobile devices or connected TV devices, shall provide the technical means to allow data subjects to ~~give their consent and to refuse a request for consent and~~ exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1540 ITRE · LIBE

(6a) In Article 88b, the following paragraph is inserted:

Where a provider referred to in paragraph 6 qualifies as a gatekeeper in the meaning of Regulation (EU) 2022/1925, the provider shall enable third-party providers acting structurally and economically independently from it to provide the technical means to convey the data subject's choices referred to in paragraph 1 through the automated and machine-readable means referred to in paragraph 6, as applied pursuant to paragraphs 2 to 5. This paragraph shall not be construed as requiring the provider of a web browser to grant third-party software, including a browser extension, access to data or functionality of the web browser beyond what is necessary to convey to controllers the choices made by data subjects in accordance with paragraph 1.'

Justification

Unbundling for browser, app or operating system providers that qualify as gatekeepers under the Digital Markets Act.

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
6a.

Where a provider referred to in paragraph 6 qualifies as a gatekeeper in the meaning of Regulation (EU) 2022/1925, the provider shall enable third-party providers acting structurally and economically independently from it to provide the technical means to convey the data subject's choices referred to in paragraph 1 through the automated and machine-readable means referred to in paragraph 6, as applied pursuant to paragraphs 2 to 5. This paragraph shall not be construed as requiring the provider of a web browser to grant third-party software, including a browser extension, access to data or functionality of the web browser beyond what is necessary to convey to controllers the choices made by data subjects in accordance with paragraph 1.'
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1541 ITRE · LIBE

(6b) In Article 88b, the following paragraph is inserted:

Providers referred to in paragraph 6, when providing technical means, shall:

(a)

ensure that conditions laid down in this Article and Article 5(5) of Directive 2002/58/EC are complied with;

(b)

enable the data subject to pick an option to decline requests for consent, object or withdraw consent for specific purposes or all purposes;

(c)

enable the data subject to make choices specific to each controller without engaging in any form of differentiated or preferential treatment for specific controllers;

(d)

not implement practices that materially distort or impair, either on purpose or in effect, the ability of the data subject to make autonomous and informed choices or decisions;

(e)

ensure that controllers can appropriately inform the data subject in accordance with this Regulation, including on the consequences to decline requests for consent or withdraw consent;'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
6b.
Providers referred to in paragraph 6, when providing technical means, shall:
1. (a)
  
  ensure that conditions laid down in this Article and Article 5(5) of Directive 2002/58/EC are complied with;
2. (b)
  
  enable the data subject to pick an option to decline requests for consent, object or withdraw consent for specific purposes or all purposes;
3. (c)
  
  enable the data subject to make choices specific to each controller without engaging in any form of differentiated or preferential treatment for specific controllers;
4. (d)
  
  not implement practices that materially distort or impair, either on purpose or in effect, the ability of the data subject to make autonomous and informed choices or decisions;
5. (e)
  
  ensure that controllers can appropriately inform the data subject in accordance with this Regulation, including on the consequences to decline requests for consent or withdraw consent;'
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].

Remove proposed wording Amendment 1542 ITRE · LIBE

~~(7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1543 ITRE · LIBE

~~(7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1544 ITRE · LIBE

~~(7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1545 ITRE · LIBE

~~(7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Remove proposed wording Amendment 1546 ITRE · LIBE

~~(7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

~~Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].~~

Alternative wording Amendment 1547 ITRE · LIBE

(7) Paragraph 6 shall apply from [OP: please insert the date = 4812 months following ~~the date~~publication of ~~entry~~the ~~into~~standards ~~force~~or ofthe ~~this~~common ~~Regulation~~specifications pursuant to paragraph 4 and 4a].

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 4812 months following ~~the date~~publication of ~~entry~~the ~~into~~standards ~~force~~or ofthe ~~this~~common ~~Regulation~~specifications pursuant to paragraph 4 and 4a].

Alternative wording Amendment 1548 ITRE · LIBE

(7) Paragraph 6 shall apply from [OP: please insert the date = 4824 months following the date of entry into force of this Regulation].

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 4824 months following the date of entry into force of this Regulation].

Additional proposed wording Amendment 1549 ITRE · LIBE

(7a) In Article 88b, the following paragraph is added:

The Commission shall, by [insert date = 3 years after the date of entry into force of this Regulation], submit a report to the European Parliament and the Council on the functioning of this Article, including an assessment of:

(a)

the impact on user choice and competition;

(b)

the effectiveness of machine-readable indications in reducing consent fatigue;

(c)

the emergence of new gatekeeper risks;

(d)

the impact on European media service providers;

and (e) the need for legislative amendment.'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
7a.
The Commission shall, by [insert date = 3 years after the date of entry into force of this Regulation], submit a report to the European Parliament and the Council on the functioning of this Article, including an assessment of:
1. (a)
  
  the impact on user choice and competition;
2. (b)
  
  the effectiveness of machine-readable indications in reducing consent fatigue;
3. (c)
  
  the emergence of new gatekeeper risks;
4. (d)
  
  the impact on European media service providers;
5. and (e) the need for legislative amendment.'

Additional proposed wording Amendment 1550 ITRE · LIBE

(7a) In Article 88b, the following paragrpah is added

7a.

The Commission shall, by [insert date = 3 years after the date of entry into force of this Regulation], submit a report to the European Parliament and the Council on the functioning of this Article, including an assessment of:

(a)

the impact on user choice and competition;

(b)

the effectiveness of machine-readable indications in reducing consent fatigue;

(c)

the emergence of new gatekeeper risks;

(d)

the impact on European media service providers; and

(e)

the need for legislative amendment.'

Preview
against:

Article 88b

Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons

1.
Controllers shall ensure that their online interfaces allow data subjects to:
1. (a)
  
  Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;
2. (b)
  
  decline a request for consent and exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.
2.

Controllers shall respect the choices made by data subjects in accordance with paragraph 1.
3.

Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
4.

The Commission shall, in accordance with Article 10(1) of Regulation (EU) 1025/2012, request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
5.

Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
6.

Providers of web browsers, which are not SMEs, shall provide the technical means to allow data subjects to give their consent and to refuse a request for consent and exercise the right to object pursuant to Article 21(2) through the automated and machine-readable means referred to in paragraph 1 of this Article, as applied pursuant to paragraphs 2 to 5 of this Article.
7.

Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
7a.
The Commission shall, by [insert date = 3 years after the date of entry into force of this Regulation], submit a report to the European Parliament and the Council on the functioning of this Article, including an assessment of:
1. (a)
  
  the impact on user choice and competition;
2. (b)
  
  the effectiveness of machine-readable indications in reducing consent fatigue;
3. (c)
  
  the emergence of new gatekeeper risks;
4. (d)
  
  the impact on European media service providers; and
5. (e)
  
  the need for legislative amendment.'