EDPB gives recommendations to make online shopping more respectful of users’ privacy, discusses the Digital Omnibus proposal and appoints new Deputy Chair
Brussels, 4 December - During its latest plenary, the EDPB adopted recommendations on the legal basis for requiring the creation of user accounts on e-commerce websites. In addition, the Board had a preliminary discussion on the Digital Omnibus proposal and appointed the new EDPB Deputy Chair.
Internet users visit e-commerce websites for a variety of reasons, including making online purchases, taking advantage of promotions, or simply browsing products. When interacting with these websites, they may be asked to create an account, which can result in the collection and processing of personal data, as well as increased privacy and security risks.
The EDPB adopted recommendations to clarify when e-commerce websites can require their users to create an account.
As a general rule, users should have the option to engage with e-commerce websites, including the ability to make purchases, without creating an account. In such cases, the EDPB recommends that e-commerce websites offer a choice: either a 'guest' mode, allowing users make purchases without creating an account, or the option to voluntarily create an account. This approach minimises the collection and processing of personal data, and therefore aligns with the GDPR's principle of data protection by design and by default.
However, mandatory account creation can be justified in a limited number of cases, including for example, offering a subscription service or providing access to exclusive offers.
The recommendations highlight the EDPB's efforts to promote pragmatic, user-friendly and privacy-protective practices in the e-commerce sector.
The recommendations are subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback.
Preliminary discussion on the Digital Omnibus proposal
The EDPB had a preliminary discussion on the proposal for a Digital Omnibus, on which the EDPB and EDPS will issue a Joint Opinion.
In its Helsinki Statement, the EDPB made proposals in order to achieve enhanced clarity, support and engagement. The EDPB and the EDPS welcome the discussion on effective digital regulation and remain committed to finding solutions to make GDPR compliance easier, especially for small organisations.
The EDPB and the EDPS will focus on how the European Commission’s proposal will impact the fundamental rights of individuals and whether it will lead to simplification for organisations and more legal certainty.
While numerous points need to be analysed, at this stage, the EDPB and the EDPS can already underline that the proposed modification of the definition of personal data seems to go further than the recent CJEU case law, and beyond a targeted modification of the GDPR, which may risk to adversely affect the fundamental right to data protection.
The EDPB recalls its upcoming public stakeholder event on this topic on 12 December 2025 and underlines that the implementation of the CJEU case law through guidelines taking into account stakeholders' input ensures greater certainty.
Jelena Virant Burnik elected new Deputy Chair of the EDPB
At this week’s plenary, the members of the EDPB appointed Jelena Virant Burnik, Information Commissioner of the Republic of Slovenia, as new Deputy Chair of the Board.
“I am honoured to have been elected as Deputy Chair of the EDPB. I am pleased to have the opportunity to help strengthen the role of the EDPB as a central authority in EU data protection. I am committed to fostering cooperation among national Data Protection Authorities and providing a forum for their open discussions that help align the understanding and enforcement of the GDPR provisions.
In the ever-developing landscape of digital regulation, the EDPB must remain a regulator that understands the complex interplay of legislation and contributes productively to the discussions at European level. “
EDPB Deputy Chair, Jelena Virant Burnik
“Over the past years, the landscape in which we operate has fundamentally shifted, reshaping the EDPB’s role in Europe’s digital future. In this dynamic environment, the new EDPB Deputy Chair faces exciting challenges ahead. I am confident that the EDPB will greatly benefit from her expertise and dedication.
I look forward to collaborating with Jelena Virant Burnik to advance the EDPB’s shared mission: fostering innovation while safeguarding individuals’ fundamental rights."
EDPB Chair, Anu Talus
Over the coming years, Jelena Virant Burnik, will work closely with EDPB Chair Anu Talus and fellow Deputy Chair Zdravko Vukić to ensure the consistent application of EU data protection rules and promote effective cooperation among Data Protection Authorities across Europe.