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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Article 37

Source
CJ72-AM-791874, page 107 pp. 107–119

Amendments as tabled

22 amendments, each tabled separately · ITRE–LIBE amendments 1565–1740 to the draft report

  1. 1680 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (2) Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is only allowed when that person has given his or her consent, in accordance with this Regulation.

    Justification

    See Article 5(3) of Directive 2002/58/EC

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 2
  2. 1681 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (3) Paragraph 1 does not preclude storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person, based on Union law within the meaning of, and subject to the conditions of Article 5, to safeguard the objectives referred to in Article 25(1).

    Justification

    See Article 5(3) of Directive 2002/58/EC

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 3
  3. 1682 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “if it is exclusively related to and strictly necessary for: a) carrying out the transmission of an electronic communication over an electronic…”

    (3) Paragraph 1 does not preclude storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person, based on Union law within the meaning of, and subject to the conditions of Article 5, to safeguard the objectives referred to in Article 25(1).This shall not prevent any technical storage or access and the corresponding processing of personal data if it is exclusively related to and strictly necessary for: a) carrying out the transmission of an electronic communication over an electronic communications network; b) providing a service explicitly requested by the subscriber or user; c) measuring the general audience of an online service requested by a subscriber or user in an immediately anonymised and aggregated form; d) maintaining or restoring the technical security of a service explicitly requested by the subscriber or user through strictly proportionate means; If the subscriber or user refuses a request for consent, the provider shall not make a new request for consent for the same purpose for a period of at least six months. Refusing to give consent should not be more difficult than giving consent. Consent shall by default not be considered to be given in an informed and specific manner when the request for consent involves the disclosure of data to more than 10 controllers in a single action.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 3
  4. 1683 Addition Mary KhanESN · ITRE–LIBE “This article may not be interpreted as a legal basis for accessing the content of electronic communication, for weakening, circumventing or…” numbered 3a

    (3a) In Article 37 the following paragraph 3a is inserted:

    This article may not be interpreted as a legal basis for accessing the content of electronic communication, for weakening, circumventing or preventing end-to-end encryption, for performing client-side scanning, for gaining covert access to terminal equipment, or for performing device fingerprinting or cross-service tracking. Interference with the terminal equipment of natural persons by Union bodies or institutions shall require a specific legal basis and shall be subject to prior, independent judicial control.’

    Justification

    EU bodies must respect secure communication and may not reinterpret the provisions on cookies and terminal equipment for monitoring purposes.

    Tabled by
    Mary Khan
    Group
    ESN
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 3 a (new)
  5. 1684 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (4) Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person without consent, and subsequent processing, shall be lawful to the extent it is necessary for any of the following: (a) carrying out the transmission of an electronic communication over an electronic communications network; (b) providing a service explicitly requested by the data subject; (c) creating aggregated information about the usage of an online service to measure the audience of such a service, where it is carried out by the controller of that online service solely for its own use; (d) maintaining or restoring the security of a service provided by the controller and requested by the data subject or the terminal equipment used for the provision of such service.

    Justification

    See Article 5(3) of Directive 2002/58/EC

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 4
  6. 1685 Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording

    (4) Storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person without consent, and subsequent processing, shall be lawful to the extent it is necessary for any of the following: (a) carrying out the transmission of an electronic communication over an electronic communications network; (b) providing a service explicitly requested by the data subject; (c) creating aggregated information about the usage of an online service to measure the audience of such a service, where it is carried out by the controller of that online service solely for its own use; (d) maintaining or restoring the security of a service provided by the controller and requested by the data subject or the terminal equipment used for the provision of such service.

    Tabled by
    Pernando Barrena Arza, João Oliveira
    Group
    The Left
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 4
  7. 1686 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (5) Where storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is based on consent, the following shall apply: (a) the data subject shall be able to refuse requests for consent in an easy and intelligible manner with a single-click button or equivalent means; (b) if the data subject gives consent, the controller shall not make a new request for consent for the same purpose for the period during which the controller can lawfully rely on the consent of the data subject; (c) if the data subject declines a request for consent, the controller shall not make a new request for consent for the same purpose for a period of at least six months. This paragraph also applies to the subsequent processing of personal data based on consent.

    Justification

    See Article 5(3) of Directive 2002/58/EC

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 5
  8. 1687 Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording

    (5) Where storing of personal data, or gaining of access to personal data already stored, in the terminal equipment of a natural person is based on consent, the following shall apply: (a) the data subject shall be able to refuse requests for consent in an easy and intelligible manner with a single-click button or equivalent means; (b) if the data subject gives consent, the controller shall not make a new request for consent for the same purpose for the period during which the controller can lawfully rely on the consent of the data subject; (c) if the data subject declines a request for consent, the controller shall not make a new request for consent for the same purpose for a period of at least six months. This paragraph also applies to the subsequent processing of personal data based on consent.

    Tabled by
    Pernando Barrena Arza, João Oliveira
    Group
    The Left
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 5
  9. 1688 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “comply with the principles of freedom, specificity, information, unambiguity, fair design, withdrawal and demonstrability, as defined in Regulation…”

    Where the storing of personal data, or the gaining of access to personal data already stored, in the terminal equipment of a natural person is based on consent, thethat followingconsent shall apply:comply with the principles of freedom, specificity, information, unambiguity, fair design, withdrawal and demonstrability, as defined in Regulation (EU) 2016/679.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 5
  10. 1689 Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording

    (a) the data subject shall be able to refuse requests for consent in an easy and intelligible manner with a single-click button or equivalent means;

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 5
  11. 1690 Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording

    (b) if the data subject gives consent, the controller shall not make a new request for consent for the same purpose for the period during which the controller can lawfully rely on the consent of the data subject;

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 5
  12. 1691 Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording

    (c) if the data subject declines a request for consent, the controller shall not make a new request for consent for the same purpose for a period of at least six months.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 5
  13. 1692 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (6) This Article shall apply from [OP: please insert the date = 6 months following the date of entry into force of this Regulation] ]

    Justification

    See Article 5(3) of Directive 2002/58/EC

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 6
  14. 1693 Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording

    (6) This Article shall apply from [OP: please insert the date = 6 months following the date of entry into force of this Regulation] ]

    Tabled by
    Pernando Barrena Arza, João Oliveira
    Group
    The Left
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 6
  15. 1694 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (7) 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 through automated and machine-readable means.

    Justification

    Content already provided for by Article 23(3) of this Regulation.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 7
  16. 1695 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “Give, refuse and withdraw”

    (a) give consent through automated and machine-readable means, provided that the conditions for consent laid down in this Regulation are fulfilled;Give, refuse 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
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 6 – point a
  17. 1696 Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “object pursuant to Article 23(2)”

    (b) decline a request for consent through automated and machine-readable means.exercise the right to object pursuant to Article 23(2) through automated and machine-readable means.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 6 – point b
  18. 1697 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (8) Controllers shall respect the choices made by data subjects in accordance with paragraph 7.

    Justification

    Content already provided for by Article 23(3) of this Regulation.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 8
  19. 1698 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 be”

    (8) Controllers shall disclose the purposes for which they request consent or where a data subject can object through automated and machine-readable means and be respect the choices made by data subjects in accordance with paragraph 7.

    Tabled by
    Pernando Barrena Arza
    Group
    The Left
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 8
  20. 1699 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (9) Online interfaces of controllers which are in conformity with harmonised standards or parts thereof referred to in paragraph 4 of Article 88b of Regulation (EC) 2016/679 shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in paragraph 7.

    Justification

    Content already provided for by Article 23(3) of this Regulation.

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 9
  21. 1700 Deletion Sibylle Berg +1NI · ITRE–LIBE Deletes the Commission’s wording

    (10) Paragraphs 7 to 9 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].

    Tabled by
    Sibylle Berg, Martin Sonneborn
    Group
    NI
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 10
  22. 1701 Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording

    (10) Paragraphs 7 to 9 shall apply from [OP: please insert the date = 24 months following the date of entry into force of this Regulation].

    Tabled by
    Pernando Barrena Arza, João Oliveira
    Group
    The Left
    Document
    ITRE–LIBE amendments 1565–1740 to the draft report
    Printed header
    Article 4 – paragraph 1 – point 8 / Regulation (EU) 2018/1725 / Article 37 – paragraph 10