EU considers changes to cookie consent rules
The European Commission is preparing to simplify rules that require websites to display cookie consent banners, a measure critics say has cluttered the internet and weakened meaningful consent. Cookies enable websites to collect data on visitors, from login details to shopping behavior used for advertising. The e‑Privacy Directive of 2009 requires user consent for cookies unless they are strictly necessary for a service, a requirement that has led to widespread banner use and user habituation that undermines the value of consent.
Officials are considering changes that would allow users to set cookie preferences once — for example in browser settings — or expand exceptions so technically necessary cookies and simple analytics would not require repeated consent. Denmark has proposed exempting cookies used for basic technical functions or simple statistics. The Commission plans an omnibus reform text in December and has been consulting industry and civil society about options to reduce regulatory burdens while preserving protections.
Industry groups argue that shifting cookie rules into the General Data Protection Regulation (GDPR) would enable a more risk‑based approach and give companies flexibility to rely on other legal bases, such as legitimate interest, for certain processing activities. Advertisers’ representatives say such a move would simplify compliance without lowering data protection standards, allowing proportionate safeguards that match the actual risk of processing.
Privacy advocates caution that loosening consent requirements risks permitting analytics and personalization to slide into broad exemptions, effectively enabling more targeted advertising without clear user control. They argue the law already allows necessary cookies for user‑expected services and that any expansion of exceptions must not erode core privacy rights. Debate is expected to intensify next year when the Commission introduces the Digital Fairness Act focused on online advertising practices.
