Europe’s endless cookie banners could soon face a rethink. But only if EU lawmakers revive a proposal that member states have dropped from their negotiating position.
A coalition of digital and consumer rights groups has launched the “Kill the Cookie Banner” campaign, calling on the EU to replace individual pop-ups with automated privacy signals that would allow people to set their preferences once and have them apply across websites and apps.
The proposal was included in the Digital Omnibus through Article 88b. However, member states removed the measure from the Council text. Now, the civil society group is pressing EU institutions to restore the provision. In practice, the system would work more like the permissions users already set for features such as location, cameras or microphones. The consumer would only make a privacy choice once, rather than being asked to make it again on every website.
Campaigners argue this could reduce banners without weakening privacy. “Automated signals are the only proposal from the Commission’s Digital Omnibus aimed at actually simplifying the life of consumers,” said Cláudio Teixeira, head of digital policy at the European Consumer Organisation BEUC.
Replacing banners with signals
During negotiations, Article 88b was removed from the Council’s position following opposition led by Germany and Poland. Ursula Pachl, head of policy at privacy group noyb, said dropping the proposal means preserving a system that policymakers have repeatedly criticised. “There is no valid justification to drop the Commission’s proposal for Article 88b and to uphold the current cookie banner disaster,” she said. “This is a moment of truth for the EU to show what values it cares about and what are its priorities.”
The coalition stresses that EU law does not require cookie banners. Companies use them when they need permission to access a person’s device or to process personal data. To the campaigners, the current method has turned into a maze. It encourages people to click “accept”, contributing to consent fatigue. Their alternative moves those choices away from individual pop-ups.
This is a moment of truth for the EU to show what values it cares about and what are its priorities.
— Cláudio Teixeira, head of digital policy at BEUC
They also want the system to allow users to make different choices depending on companies and purposes. For example, a person could allow data processing by a newspaper while refusing it by another platform. Once a decision is communicated, it should remain valid until the user changes it.
“Privacy is a fundamental right, and people shouldn’t have to fight through endless banners to exercise it,” said Itxaso Dominguez de Olazabal, policy adviser at EDRi. “Article 88b could finally make privacy choices simple and meaningful.”
Parliament offers a way forward
The coallition of civil society organizations blames the lobbying efforts made by the so-called “Big Tech” companies. “The tracking industry is currently doing everything in its power to keep the cookie banner and prevent people from efficiently expressing their privacy preferences. Following lobbying efforts spearheaded by Google, several Member States are now blocking the EU Commission’s proposal and the Council has currently removed Article 88b from its position”, reads their letter.
Campaigners are now urging lawmakers, particularly co-rapporteurs of the Data Omnibus, for a compromise. At the same time, they call on the Commission to defend its original proposal.
