noyb says EU Council move could keep cookie banners in Digital Omnibus talks
Privacy organisation noyb says EU member states have removed a Commission proposal that would have allowed browser-based consent signals to replace many cookie banners.
Privacy organisation noyb has criticised a recent EU Council position on the Digital Omnibus, saying it would remove a proposal intended to reduce cookie banners across the EU.
Cookie banners are the pop-ups that ask users whether they accept tracking technologies on websites. They are commonly used to request consent for cookies and for sharing personal data with advertising and analytics companies.
The European Commission had proposed a new Article 88b of the GDPR. According to noyb, the provision would have allowed users to express cookie and tracking preferences through an automated browser or device signal, rather than responding to banners on each website.
Such a signal would work in a similar way to other browser settings. For example, browsers already communicate language preferences to websites. A consent signal would communicate whether a user accepts or rejects certain types of tracking.
noyb argues that this could reduce the number of consent pop-ups users see online. It says the current banner system is often shaped by dark patterns, such as hidden rejection buttons or confusing layouts, which can push users towards accepting tracking.
According to noyb, the Council’s latest position of 18 June removed Article 88b from the Digital Omnibus. The organisation says some member states, including Germany, France and Poland, had pushed against the proposal.
noyb also points to lobbying by Google against Article 88b. It says Google argued that automated signals could harm online advertising, while noyb argues that the Commission proposal would still have allowed users to give consent for specific websites and purposes.
The issue is not whether websites may ever request consent. The dispute is over how that consent should be communicated. The Commission proposal would have shifted more control to browser-level or device-level settings. The Council position, as described by noyb, would keep the current website-by-website banner model.
The European Parliament has not yet adopted its position on Article 88b. The final text of the Digital Omnibus will depend on negotiations between the Council and Parliament.
