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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

GDPR· Article 88b

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Where the file stands·Cookies, device access and consent

Text

Article 88b GDPR as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Article 88b: ST 14756/26, page 144 · pp. 144–145 · exact text page

Dropped

This Council draft drops the change the Commission proposed. It deletes nothing from the law in force.

How the article has changed

Show the statuses
What each text would do to the law in force
Article Commission19 Nov 2025Council21 May 2026Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
88bText of the article Adds Added No record No record Not in the law in force or this text , dropped since the proposal Dropped Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text 43
Provisions only Parliament would add or change20 units Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text 98

Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it, or no record in that text changed from the text before

Each text against the text before it: +Added in this text, not in the text before−Dropped drops a provision the text before added— in neither text, or no record in that text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 88b in this text
  2. 21 May 2026 Council textST 9547/26 No amendment to this article.ST 9547/26 reproduces only some of the proposal’s changes, so this comparison applies only those it shows or visibly drops. It says nothing about the others. Article 88b in this text
  3. 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 4 amendments to this article. Amendments in this document
  4. 10 Jun 2026 Council textST 10426/26 Dropped Drops the article. Article 88b in this text
  5. 18 Jun 2026 Council textST 10677/26 No amendment to this article. Article 88b in this text
  6. 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 29 amendments to this article. Amendments in this document
  7. 27 Jul 2026 ITRE–LIBE amendments 1261–1564 to the draft reportCJ72-AM-791873 108 amendments to this article. Amendments in this document
  8. 3 Sep 2026 Council textST 12535/26 No amendment to this article. Article 88b in this text
  9. 2 Oct 2026 Council textST 13886/26 No amendment to this article.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker. Article 88b in this text
  10. 22 Oct 2026 Council textST 14756/26 No amendment to this article. Article 88b in this text

Article 88b: Text of the article

Added by the Commission · dropped by the Council on 10 June

Parliament amendments 43

24 would delete the provision, 16 propose alternative wording and 3 would add wording. Deletion amendments come from Greens/EFA, EPP, ECR and ESN.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfEESNRapporteur
− Deletion··1·193·1·
~ Alternative11732·1·1
+ Addition··3······

By political group

  • − Deletion Greens/EFA 1 EPP 19 ECR 3 ESN 1
  • ~ Alternative The Left 1 S&D 1 Greens/EFA 7 Renew 3 EPP 2 PfE 1 Rapporteur 1
  • + Addition Greens/EFA 3

Show

  1. 117 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “respecting the requirements under paragraph 1 of this Article, and ensuring a balanced representation of interests, in particular of data subjects…”

    (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.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.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    GDPR Article 88b
    Document
    IMCO draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – subparagraph 1
  2. 438 Deletion Piotr MüllerECR · IMCO Deletes the proposed article

    Article 88b

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  3. 439 Deletion Piotr MüllerECR · IMCO Deletes the proposed article

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

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

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  4. 440 Alternative David CormandGreens/EFA · IMCO “storing of or gaining access to”

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

    Automated and machine-readable indications of datathe subject’sexpressed choicesconsumer choice with respect to processing of, storing of or gaining access to personal data in the terminal equipment of natural persons

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  5. 442 Alternative Virginie JoronPfE · IMCO “Providers of web browsers, websites, operating systems and applications shall provide technical means allowing data subjects to express, using…”

    (1) Controllers shall ensure that their online interfaces allow data subjects to: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 recognise and take into account these indications, provided that the conditions of consent under this Regulation are fulfilled.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 b – paragraph 1
  6. 443 Alternative David CormandGreens/EFA · IMCO “For the purpose of consumer’s consent to exercise their rights under this Regulation, notably the storing of their personal data, or gaining of…”

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

    (1) Controllers shall ensure that their online interfaces allow data subjects to: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 consumers to:

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  7. 444 Addition David CormandGreens/EFA · 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…”

    (-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.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  8. 447 Addition David CormandGreens/EFA · IMCO “withdraw consent through automated and machine-readable means previously given, in accordance with Article 7(3) of this Regulation. Where an active…”

    (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.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  9. 448 Addition David CormandGreens/EFA · IMCO “object to subsequent processing transmitted through browser, operating system, application-level or user agent”

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

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  10. 456 Deletion Arba KokalariEPP · IMCO Deletes the proposed article

    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.

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b (new)
Show 33 more amendments
  1. 457 Alternative David CormandGreens/EFA · IMCO “In particular, such a request shall set out essential safeguards to the interpretation of automated signals and at minimum lay down detailed rules…”

    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].

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  2. 458 Deletion Arba KokalariEPP · IMCO Deletes the proposed article

    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.

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b (new)
  3. 459 Alternative David CormandGreens/EFA · IMCO “European standardisation organisations; or (ii) the harmonised standards addressing that request are not delivered within the deadline set in…”

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

    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.The Commission shall adopt delegated acts establishing common specifications for the requirements set out in paragraph 1 if the following conditions are fulfilled: (a) the Commission has requested one or more European standardisation organisations to draft harmonised standards as set out in paragraph 4, and: (i) the request has not been accepted by any of the 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 in accordance 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 accordance with the examination procedure referred to in Article 93(2).

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  4. 1443 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the proposed article

    Article 88b

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  5. 1444 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the proposed article

    Article 88b

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  6. 1445 Deletion Axel VossEPP · ITRE–LIBE Deletes the proposed article

    Article 88b

    Tabled by
    Axel Voss
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  7. 1446 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the proposed article

    Article 88b

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b (new)
  8. 1447 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the proposed article

    Article 88b

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  9. 1448 Deletion Letizia Moratti +2EPP · ITRE–LIBE Deletes the proposed article

    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

    Tabled by
    Letizia Moratti, Massimiliano Salini, Fulvio Martusciello
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  10. 1449 Deletion Sebastian Tynkkynen +1ECR · ITRE–LIBE Deletes the proposed article

    Article 88b

    Tabled by
    Sebastian Tynkkynen, Diego Solier
    Group
    ECR
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  11. 1450 Deletion Henrik DahlEPP · ITRE–LIBE Deletes the proposed article

    Article 88b

    Tabled by
    Henrik Dahl
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  12. 1451 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the proposed article

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

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – title
  13. 1452 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the proposed article

    Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.

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

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  14. 1453 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the proposed article

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

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – title
  15. 1454 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the proposed article

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

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 b
  16. 1455 Alternative Oliver Schenk +9EPP · ITRE–LIBE “Voluntary automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment…”

    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

    Tabled by
    Oliver Schenk, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – title
  17. 1456 Alternative Irena Joveva +5Renew · ITRE–LIBE “Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of data…”

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

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – title
  18. 1457 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “Automated and machine-readable signals of data subject’s choices with respect to processing of personal data in the terminal equipment of natural…”

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

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – title
  19. 1458 Alternative Alex Agius SalibaS&D · ITRE–LIBE “Automated and machine-readable indications of data subject’s choices with respect to processing of personal data in terminal equipment”

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

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – title
  20. 1463 Alternative Irena Joveva +5Renew · ITRE–LIBE “use automated and machine-readable means to express the following purposes”

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

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – chapeau
  21. 1464 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “signal, through automated and machine-readable means”

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

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – chapeau
  22. 1510 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
  23. 1511 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
  24. 1512 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
  25. 1513 Alternative Aura Salla +6EPP · ITRE–LIBE “The European standardisation organisations shall, where appropriate, take into account existing international standards developed by international…”

    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

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Adina Vălean, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
  26. 1514 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “The standards shall allow for the providers of the technical means and controllers to comply with this Article. When preparing the standardisation…”

    TheBy [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.

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
  27. 1515 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “It shall make such a request within 3 months from the coming into force of this regulation for websites and web browsers. The standardization…”

    The Commission shallmay, 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.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
  28. 1517 Alternative Irena Joveva +5Renew · ITRE–LIBE “technical specifications, interoperable protocols, and”

    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.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – first subparagraph
  29. 1518 Deletion Mary KhanESN · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – second subparagraph
  30. 1519 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – second subparagraph
  31. 1520 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – second subparagraph
  32. 1521 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – second subparagraph
  33. 1522 Deletion Markéta Gregorová +1Greens/EFA · ITRE–LIBE Deletes the proposed article

    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.

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4 – second subparagraph

Provisions only Parliament amendments would add or change

98 amendments on 20 units the Commission proposal leaves unchanged

Paragraph 1Not amended by the Commission5 proposals

  1. 441 Deletion Piotr MüllerECR · IMCO Deletes the Commission’s wording

    (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.

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b(1)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  2. 1459 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b(1)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1
  3. 1460 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(1)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1
  4. 1461 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(1)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1
  5. 1462 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(1)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1

Paragraph 1, point (a)Not amended by the Commission10 proposals

  1. 445 Alternative David CormandGreens/EFA · IMCO “and therefore that consent is kept, among the others, free, based on the prior provision of clear and comprehensive information and allows consumer…”

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

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(1)(a)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  2. 1465 Addition Alex Agius SalibaS&D · ITRE–LIBE “(-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…”

    (-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;

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point –a (new)
  3. 1466 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point a
  4. 1467 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point a
  5. 1468 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point a
  6. 1469 Alternative Alex Agius SalibaS&D · ITRE–LIBE “per controller and per purpose”

    (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;

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point a
  7. 1470 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “based on actively given consent by them under”

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

    Justification

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

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point a
  8. 1471 Alternative Irena Joveva +5Renew · ITRE–LIBE “of the purposes requested by controllers”

    (a) Give consent throughfor automatedall andor machine-readablesome means,of the purposes requested by controllers provided that the conditions for consent laid down in this Regulation are fulfilled;

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point a
  9. 1472 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “Give, reject and withdraw consent through automated and machine-readable means, provided that such means allow specific and informed choices;”

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

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point a
  10. 1486 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Controllers such as providers of web browsers, websites, operating systems and applications shall make available the technical means for data…” numbered 1a

    (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

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88b(1)(a)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1a (new)

Paragraph 1, point (b)Not amended by the Commission9 proposals

  1. 446 Alternative David CormandGreens/EFA · IMCO “to refuse consent or otherwise object to processing activities under Art. 21(2) of Regulation 2016/979;”

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

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(1)(b)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  2. 1473 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point b
  3. 1474 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point b
  4. 1475 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point b
  5. 1476 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “the refusal to give a requested consent and the exercise the right to object pursuant to Article 21(1), Article 21(2), and Article 21(5);”

    (b) declinethe refusal to give a request forrequested consent and the exercise the right to object pursuant to Article 21(1), Article 21(2) through automated, and machine-readableArticle 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.

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point b
  6. 1477 Alternative Irena Joveva +5Renew · ITRE–LIBE “decline a request for consent.”

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

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point b
  7. 1478 Alternative Alex Agius SalibaS&D · ITRE–LIBE “rights to withdraw consent pursuant to Article 7(3) and”

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

    Tabled by
    Alex Agius Saliba
    Group
    S&D
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point b
  8. 1479 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “exercise the right to object pursuant to Article 21(2) through automated and machine-readable means.”

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

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point b
  9. 1487 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Where technically feasible, data subjects shall be able to use automated and machine-readable means to indicate for which AI-related purposes their…” numbered 1b

    (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.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88b(1)(b)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1b (new)

Paragraph 1, point (ba) (new)New4 proposals

  1. 1480 Addition Nadine MoranoEPP · ITRE–LIBE “modify, withdraw or reinstate their consent at any time, and modify their choice concerning the exercise of their right to object, by automated and…”

    (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.’

    Tabled by
    Nadine Morano
    Group
    EPP
    Targets
    GDPR Article 88b – paragraph 1 – point ba (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point ba (new)
  2. 1481 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “The data subject shall retain the possibility to give, refuse or withdraw consent for a specific controller or service, and an automated indication…”

    (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.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88b – paragraph 1 – point ba (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point ba (new)
  3. 1482 Addition Markéta Gregorová +1Greens/EFA · ITRE–LIBE “the withdrawal of consent pursuant to Article 7(3);'”

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

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

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b – paragraph 1 – point ba (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point ba (new)
  4. 1483 Addition Irena Joveva +5Renew · ITRE–LIBE “withdraw consent;'”

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

    (ba)withdraw consent;'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b – paragraph 1 – point ba (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point ba (new)

Paragraph 1, point (bb) (new)New

  1. 1484 Addition Irena Joveva +5Renew · ITRE–LIBE “exercise their right to object;'”

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

    (bb)exercise their right to object;'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b – paragraph 1 – point bb (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point bb (new)

Paragraph 1, point (bc) (new)New

  1. 1485 Addition Irena Joveva +5Renew · ITRE–LIBE “receive relevant information pursuant to this Regulation to make informed decision.'”

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

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

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b – paragraph 1 – point bc (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 1 – point bc (new)

Paragraph 2Not amended by the Commission9 proposals

  1. 449 Deletion Piotr MüllerECR · IMCO Deletes the Commission’s wording

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

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b(2)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  2. 450 Alternative David CormandGreens/EFA · IMCO “and any other party involved in the generation, management, transmission and application of automated and machine readable signals”

    (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.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(2)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  3. 1488 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(2)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2
  4. 1489 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(2)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2
  5. 1490 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(2)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2
  6. 1491 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b(2)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2
  7. 1492 Alternative Irena Joveva +5Renew · ITRE–LIBE “Where the data subject or authorized third-party agent acting on their behalf signals a refusal, withdrawal or objection pursuant to paragraph 1, the…”

    (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.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b(2)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2
  8. 1493 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “Controllers shall not make requests for consent for the same purpose through different means. Controllers shall not override the choice made through…”

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

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(2)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2
  9. 1494 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “disclose the purposes for which they request consent or where a data subject can object through automated and machine-readable means and”

    (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.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88b(2)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2

Paragraph 2a (new)New

  1. 1495 Addition Irena Joveva +5Renew · ITRE–LIBE “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…” numbered 2a

    (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.'

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b – paragraph 2a (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 2a (new)

Paragraph 3Not amended by the Commission12 proposals

  1. 451 Deletion David CormandGreens/EFA · IMCO Deletes the Commission’s wording

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

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(3)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  2. 452 Deletion Piotr MüllerECR · IMCO Deletes the Commission’s wording

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

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b(3)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  3. 1496 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  4. 1497 Deletion Mary KhanESN · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  5. 1498 Deletion Markéta Gregorová +1Greens/EFA · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  6. 1499 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  7. 1500 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  8. 1501 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  9. 1502 Deletion Pernando Barrena ArzaThe Left · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  10. 1503 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  11. 1504 Alternative Irena Joveva +5Renew · ITRE–LIBE “Controllers that are media service providers providing news and current affairs content pursuant to Article 6 (3) of Regulation (EU) 2024/1083 shall…”

    (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.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3
  12. 1505 Alternative Aura Salla +6EPP · ITRE–LIBE “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…”

    (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.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Adina Vălean, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 88b(3)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3

Paragraph 3a (new)New

  1. 1506 Addition Aura Salla +7EPP · ITRE–LIBE “Where a data subject gives specific consent to a controller pursuant to Article 88a, such consent shall prevail over any conflicting automated or…” numbered 3a

    (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.'

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Paulo Cunha, Angelika Niebler, Eva Maydell, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 88b – paragraph 3a (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 3a (new)

Paragraph 4Not amended by the Commission7 proposals

  1. 453 Deletion Christian DoleschalEPP · IMCO Deletes the Commission’s wording

    (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.

    Tabled by
    Christian Doleschal
    Group
    EPP
    Targets
    GDPR Article 88b(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b paragraph 4
  2. 454 Deletion Arba KokalariEPP · IMCO Deletes the Commission’s wording

    (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.

    Tabled by
    Arba Kokalari
    Group
    EPP
    Targets
    GDPR Article 88b(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b (new)
  3. 455 Deletion Piotr MüllerECR · IMCO Deletes the Commission’s wording

    (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.

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b(4)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  4. 1507 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(4)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4
  5. 1508 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(4)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4
  6. 1509 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b(4)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4
  7. 1516 Alternative Mary KhanESN · ITRE–LIBE “They shall be developed with the substantial involvement of the European Data Protection Board, national supervisory authorities, consumer…”

    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.Technical specifications for machine-readable indications of choices shall 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.

    Tabled by
    Mary Khan
    Group
    ESN
    Targets
    GDPR Article 88b(4)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2026/679 / Article 88b – paragraph 4 – first subparagraph

Paragraph 4a (new)New

  1. 1523 Addition Markéta Gregorová +1Greens/EFA · ITRE–LIBE “The Commission shall adopt implementing acts establishing common specifications for the requirements set out in paragraphs 1 and 2, where the…”

    (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

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b – paragraph 4a (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4a (new)

Paragraph 4b (new)New

  1. 1524 Addition Markéta Gregorová +1Greens/EFA · ITRE–LIBE “Online interfaces of controllers which are in conformity with harmonised standards or common specifications or parts thereof the references of which…” numbered 4b

    (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)

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b – paragraph 4b (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 4b (new)

Paragraph 5Not amended by the Commission6 proposals

  1. 460 Deletion Piotr MüllerECR · IMCO Deletes the Commission’s wording

    (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].

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b(5)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  2. 1525 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the Commission’s wording

    (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].

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b(5)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 5
  3. 1526 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

    (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].

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(5)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 5
  4. 1527 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

    (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].

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(5)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 5
  5. 1528 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

    (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].

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(5)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 5
  6. 1529 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “specifications pursuant to paragraph 4 or 4a”

    (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].Paragraphs 1 and 2 shall apply 12 months following the publication of the standards or the common specifications pursuant to paragraph 4 or 4a.

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(5)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 5

Paragraph 6Not amended by the Commission14 proposals

  1. 118 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “software to access online interfaces such as”

    (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.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    GDPR Article 88b(6)
    Document
    IMCO draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  2. 461 Deletion Piotr MüllerECR · IMCO Deletes the Commission’s wording

    (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.

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b(6)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  3. 462 Alternative Virginie JoronPfE · IMCO “This paragraph shall not affect the possibility of processors obtaining explicit consent by other means, and shall apply in accordance with the…”

    (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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    GDPR Article 88b(6)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88 b
  4. 463 Alternative David CormandGreens/EFA · IMCO “software to access interfaces such as mobile operating systems or”

    (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.Providers of software to access interfaces such as mobile operating systems or web browsers, operating systems applications and any other actor operating in the signal chain shall provide the technical means to exercise the choices in paragraph 1 of this Article through the automated and machine-readable means therein.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(6)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  5. 1530 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  6. 1531 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  7. 1532 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  8. 1533 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

    (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.

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  9. 1534 Alternative Irena Joveva +5Renew · ITRE–LIBE “b) ensure that their technical infrastructure allows authorized third-party software or agent providers to act on behalf of the data subject, while…”

    (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.Providers of web browsers and operating systems shall: a) provide the technical means to allow data subjects to give their consent, 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.

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  10. 1535 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “Nothing in this paragraph shall preclude a provider of a web browser, an application, or an operating system from configuring the technical means…”

    (6) Providers of web browsers, whichapplications areand notoperating 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.

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  11. 1536 Alternative Aura Salla +6EPP · ITRE–LIBE “The technical means should allow for granular choices, including category-based or purpose-based preferences, and shall enable data subjects to…”

    (6) ProvidersRules set out in this Regulation should support the emergence of webmarket-driven browsers,solutions whichwith areappropriate notinterfaces SMEs, shallthat 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 Articlearticle. 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.

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Adina Vălean, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  12. 1537 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “This paragraph is without prejudice to the possibility for controllers to obtain explicit consent by other means and shall be applied in accordance…”

    (6) Providers of web browsers, which are not SMEs, shall providemake 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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  13. 1538 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “data subjects within 3 months of any standard under paragraph 4 being adopted. Third-party consent management software shall not have any commercial…”

    (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.Providers of software to access online interfaces shall provide third-party consent management software to manage the 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 Regulation.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6
  14. 1539 Alternative Sibylle Berg +1NI · ITRE–LIBE “systems for mobile devices or connected TV devices”

    (6) Providers of web browsers and providers of functionally equivalent software, whichsuch areas notoperating SMEssystems 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.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Targets
    GDPR Article 88b(6)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6

Paragraph 6a (new)New2 proposals

  1. 119 Addition Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Any software to access online interfaces shall allow and actively inform about third party software to display and manage the choices referred to in…” numbered 6a

    (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.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    GDPR Article 88b – paragraph 6a (new)
    Document
    IMCO draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6 a (new)
  2. 1540 Addition Markéta Gregorová +1Greens/EFA · ITRE–LIBE “Where a provider referred to in paragraph 6 qualifies as a gatekeeper in the meaning of Regulation (EU) 2022/1925, the provider shall enable…” numbered 6a

    (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.

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b – paragraph 6a (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6a (new)

Paragraph 6b (new)New

  1. 1541 Addition Markéta Gregorová +1Greens/EFA · ITRE–LIBE “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…”

    (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;'

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b – paragraph 6b (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 6b (new)

Paragraph 7Not amended by the Commission10 proposals

  1. 120 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “Paragraph 6 shall apply from [OP: please insert the date = 18 months following the date of entry into force of this Regulation].”

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

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    GDPR Article 88b(7)
    Document
    IMCO draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragrah 7
  2. 464 Deletion Piotr MüllerECR · IMCO Deletes the Commission’s wording

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

    Tabled by
    Piotr Müller
    Group
    ECR
    Targets
    GDPR Article 88b(7)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  3. 465 Alternative David CormandGreens/EFA · IMCO “Paragraph 6 shall apply from [OP: please insert the date = 18 months following the date of entry into force of this Regulation].”

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

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(7)
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b
  4. 1542 Deletion Angelika Niebler +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Angelika Niebler, Monika Hohlmeier
    Group
    EPP
    Targets
    GDPR Article 88b(7)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7
  5. 1543 Deletion François-Xavier BellamyEPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    François-Xavier Bellamy
    Group
    EPP
    Targets
    GDPR Article 88b(7)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7
  6. 1544 Deletion Pernando Barrena ArzaThe Left · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Targets
    GDPR Article 88b(7)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7
  7. 1545 Deletion Krzysztof Hetman +1EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Krzysztof Hetman, Adam Jarubas
    Group
    EPP
    Targets
    GDPR Article 88b(7)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7
  8. 1546 Deletion Tomas Tobé +2EPP · ITRE–LIBE Deletes the Commission’s wording

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

    Tabled by
    Tomas Tobé, Arba Kokalari, Jörgen Warborn
    Group
    EPP
    Targets
    GDPR Article 88b(7)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7
  9. 1547 Alternative Markéta Gregorová +1Greens/EFA · ITRE–LIBE “specifications pursuant to paragraph 4 and 4a”

    (7) Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].please insert the date = 12 months following publication of the standards or the common specifications pursuant to paragraph 4 and 4a].

    Tabled by
    Markéta Gregorová, Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b(7)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7
  10. 1548 Alternative Irena Joveva +5Renew · ITRE–LIBE “Paragraph 6 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].”

    (7) Paragraph 6 shall apply from [OP: please insert the date = 4824 months following the date of entry into force of this Regulation].

    Tabled by
    Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
    Group
    Renew
    Targets
    GDPR Article 88b(7)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7

Paragraph 7a (new)New2 proposals

  1. 1549 Addition Aura Salla +6EPP · ITRE–LIBE “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…”

    (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.'

    Tabled by
    Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Angelika Niebler, Eva Maydell, Oliver Schenk, Christian Ehler
    Group
    EPP
    Targets
    GDPR Article 88b – paragraph 7a (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7a (new)
  2. 1550 Addition Oliver Schenk +9EPP · ITRE–LIBE “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…” numbered 7a

    (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.'

    Tabled by
    Oliver Schenk, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig
    Group
    EPP
    Targets
    GDPR Article 88b – paragraph 7a (new)
    Document
    ITRE–LIBE amendments 1261–1564 to the draft report
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – paragraph 7a (new)

7 A (new)New

  1. 466 Addition David CormandGreens/EFA · IMCO “Providers of web browsers, operating systems and applications and any other actor operating in the automated machine-readable signals chain, shall…” numbered 7a

    (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.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    GDPR Article 88b – 7 a new
    Document
    IMCO amendments 329–532 to the draft opinion
    Printed header
    Article 3 – paragraph 1 – point 15 / Regulation (EU) 2016/679 / Article 88b – 7 a new