GDPR· Article 8a
Text
Article 8a GDPR as printed in the Council text of 21 May 2026
Consent through automated and machine-readable indications of data subject’s choices with respect to processing of personal data in the terminal equipment of natural persons
Source Council, 21 May 2026. Article 8a: ST 9547/26, page 37 · Omnibus Article 3 · pp. 37–41 · exact text page
For the purpose of data subject consent to the storing of personal data, or gaining of access to personal data already stored in the terminal equipment of a natural person in accordance with Directive 2002/58/EC, controllers shall ensure that their online interfaces allow data subjects to: (a) Give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled; (b) refuse a request for consent or exercise the right to object pursuant to Article 21(2) through automated and machine-readable means; (ba) withdraw consent through automated and machine-readable means.
Controllers shall respect automated and machine-readable means expressing the choices made by data subjects in accordance with paragraph 1.
Paragraphs 1 and 2 shall not apply to controllers that are media service providers when providing a media service.
The Commission shall request one or more European standardisation organisations to draft standards for the interpretation of machine-readable indications of data subjects’ choices, subject to consultation, in accordance with Article 10 of Regulation (EU) 1025/2012. Online interfaces of controllers which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 1.
Paragraphs 1 and 2 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].
Providers of web browsers and providers of operating systems of terminal equipment in relation to software applications operating on that terminal equipment shall provide the technical means to allow data subjects to give their consent, to withdraw 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 4 of this Article.
Paragraph 6 shall apply from [OP: please insert the date = 48 months following the date of entry into force of this Regulation].
Providers of web browsers and providers of operating systems of terminal equipment in relation to software applications operating on that terminal equipment shall 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. (…)
How the article has changed
| What each text would do to the law in force | ||||||||
|---|---|---|---|---|---|---|---|---|
| Article | Commission19 Nov 2025 | Council21 May 2026 | Council10 Jun 2026 | Council18 Jun 2026 | Council3 Sep 2026 | Council2 Oct 2026 | Council22 Oct 2026 | Parliamentamendments |
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text | |
| 8aText of the article | Not in the law in force or this text In neither text | Adds , added since the proposal Added | No record No record | No record No record | No record No record | No record No record | No record No record | 0 |
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— in neither text, or no record in that text
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 No amendment to this article.
- 21 May 2026 Council textST 9547/26 Added Adds the 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 8a in this text
- 10 Jun 2026 Council textST 10426/26 No amendment to this article.
- 18 Jun 2026 Council textST 10677/26 No amendment to this article.
- 3 Sep 2026 Council textST 12535/26 No amendment to this article.
- 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.
- 22 Oct 2026 Council textST 14756/26 No amendment to this article.
Article 8a: Text of the article
Added by the Council on 21 May