Article 88b

Article 88b

(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.

(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.

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.

(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.

(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;

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

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

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

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

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

(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.

(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.

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 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].

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

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

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

(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.

(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.

(7) Paragraph 6 shall apply from [OP: please insert the date = 48 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].