Ten years ago, the European Union amended its internet regulations and, through a revised ePrivacy Directive, imposed far stricter requirements on cookie consent, compelling websites to display cookie banners to first-time visitors. Users were required to actively choose whether to accept, reject, or allow only essential cookies.
Cookies remain the most common mechanism used by advertising networks to track users. Traditionally, websites would merely reference their use in the fine print of their terms of service or privacy policies, and by default, a user’s visit implied acceptance of all cookies — including those set by third-party ad networks.
The EU’s mandate, however, required explicit banners prompting users to grant or withhold consent, overturning the former presumption of automatic acceptance. The intention was to safeguard user privacy and ensure transparency.
Yet these banners have long been a source of irritation for users in the EU and beyond. The reason is simple: most people still click “accept” without reading the privacy notice, which in practice is little different from the old model of implicit consent. Moreover, the repetitive act of reading, considering, and clicking consent or refusal wastes time and disrupts attention.
The EU has now come to recognize that cookie consent banners are an imperfect solution. Officials have begun consulting industry representatives and organizations in preparation for a new amendment to the ePrivacy Directive, one that could finally address the long-standing frustrations surrounding cookie consent.
Data protection lawyer Peter Craddock observed:
“Too much consent basically kills consent. People are used to giving consent for everything, so they might stop reading things in as much detail, and if consent is the default for everything, it’s no longer perceived in the same way by users.”
Industry groups are eager to see cookie banners abolished altogether, with some proposing that cookie consent be incorporated into the General Data Protection Regulation (GDPR). Unlike the ePrivacy Directive, GDPR takes a risk-based approach, allowing companies to tailor privacy protections according to the level of risk posed by data processing.
Major technology firms and online advertisers, however, are lobbying for a more lenient regulatory environment. Ad networks, in particular, continue to rely heavily on cookies, as they remain central to the mechanics of personalized advertising. Privacy advocates, by contrast, warn that the EU must not weaken protections, since cookies are still among the most pervasive tools of online surveillance.