Is the EU getting ready to act on cookie banners?

On October 10, 2023, the European Commission asked the European Data Protection Board (EDPB) to assess whether the cookie pledge voluntary initiative principles would conflict with GDPR and ePrivacy Directive regulations.

The EDPB responded, saying it welcomes actions aiming to simplify user consent and preference management of cookies and personalised advertising choices. It also advocates empowering user control over personal data and privacy in compliance with the GDPR and ePrivacy Directive.

The EDPB also said that while voluntary commitments can be a “useful tool,” the principles of voluntary commitments shouldn’t be used to circumvent legal obligations. Adopting voluntary commitments doesn’t imply or guarantee compliance with the applicable data protection and privacy legal framework.

What is the cookie pledge initiative? 

The cookie pledge initiative, introduced by the European Commission, aims to address the issue of "cookie fatigue" by encouraging businesses to voluntarily commit to making cookie management and personalised advertising choices simpler for consumers.

The proposed principles of the pledge are designed to ensure users are informed about how their data is processed and the implications of accepting various cookies. This initiative seeks to enhance user control over their data processing.

Additionally, it includes a provision where users wouldn’t have to reconfirm their cookie preferences for a year if they decline, marking a significant step towards reducing cookie fatigue.

Will the cookie pledge initiative affect your business?  

As the EU Justice Commissioner Didier Reynders said, "According to the law, cookies cannot be used to process personal data without the user's express consent. But that doesn't mean that surfing the web can become a nuisance.” 

The idea behind the Cookie Pledge voluntary initiative is to get big companies and social media platforms such as Amazon, Apple, Meta and Microsoft to make voluntary commitments to keep their users better informed about the use of cookies.

Instead of just popping up banners, companies should make it easy for users to spot info on how they use personal data and what their business is all about, especially regarding ads and how they keep their websites running.

The big idea here is to get smaller companies to pick up on the good habits of the big players, making the online space a bit more open on how things work.

The way such initiatives are shaping, chances are that regulations regarding cookie banners and obtaining consent on websites in 2024 will continue to be reevaluated and adjusted. So keep your website’s consent and preference management setup updated.

If you could use more guidance on how to go about consent and preference management, we’d be happy to help.