The EU wanted to kill the cookie banner, but then Google called.
The European Commission finally wants to remove the annoying cookie banner and replace it with an automated signal - but doing this would harm tech giants like Google! Now, EU Member States like Germany and France, and US tech giant Google are pushing to keep it.
If you’re situated in the EU, you’ll know how annoying the cookie banner is, and it is something people and organisations have complained about for years.
Cookies were first introduced in the 2009 ePrivacy Directive and then reinforced by the 2018 GDPR, to allow people in the EU to agree to or reject to being tracked when browsing the web. The idea behind cookie banners was really good and well-intentioned: People have a fundamental right to data protection whether online or offline. The intention was to give people a choice, but well-intentioned does not necessarily mean well done. Dark patterns and sneaky workarounds by Big Tech companies like Google and Meta have made it easier for website visitors to consent to tracking and third-party data sharing instead of rejecting it, so most people simply click “agree” because they are too annoyed to go to Settings to actually disable invasive marketing tracking.
If you’re wondering why websites always want you to click “Accept All Cookies”: It allows tech giants to “voluntarily” track you and make huge profits. This is because they can track your online activity, harvest the data and sell it to advertisers who then bombard you with targeted advertisements. That’s why we at Tuta call for a ban for targeted ads.
Max Schrems, the popular defender of Europeans’ privacy who regularly stands up against dark patterns by Big Tech and has – successfully – sued Meta multiple times for data protection violations says:
“Cookie banners are not an invention of data protection, but of the tracking industry. Without consent, there is no snooping online. Now there are fears that a simpler way of saying ‘yes’ or ‘no’ will result in a loss of revenue for Google and the like. That is why the tracking industry is currently lobbying as hard as it can to keep the cookie banner. Clearly, it wants to retain the ability to directly manipulate users’ choices.”
The EU proposal to replace cookie banners
The EU’s proposal was an automatic signal that communicates cookie consent preferences between the device, the user, and every website. People would choose their default consent settings within their browser – like they choose their default browser language – and every page they visit would have had to accept this setting.
This would have removed the annoying cookie banner, and given the power to the people to decide how much tracking they actually want to allow.
In short, the new system would make it easier for you, the user.
At the same time, the new system would have made it much harder for companies like Google to track you and to profit off of your browsing habits.
So why did EU Member States say NO to this?
On June 18th, some EU member states proposed rejecting the European Commission’s Digital Omnibus proposal to remove the cookie banner. But if it would make over 450 million people’s lives in the EU easier when navigating the web, give people better control over how they are being tracked online and remove the annoying pop up why would they propose rejecting this?
It could all have to do with Google.
As reported by NOYB, a lobbying paper from Google has influenced the European Commission’s proposal.
NOYB has said, “Using completely far-fetched figures, it argues that without cookie banners, all online advertising would come to a standstill. Google is exaggerating wildly here and assumes there is a central ‘kill switch’ for all advertising.” The report prepared by Implement Consulting Group also argues that the removal of cookies would affect major media sites.
But the European Commission’s proposal makes its clear that consent should still be available on a per-website and per-purpose basis. This means that it would be possible to allow consent to quality media outlets, and to withhold consent from others, for example Meta or Google.
Now it seems that Germany, France, and other EU member states have been influenced by Google’s lobbying and are in favour to keep the cookie banner. As it stands, plans to remove the cookie banner have been taken out of the Digital Omnibus proposal.
“You really have to let that sink in: the European Commission finally wants to get rid of cookie banners, but Google and some EU Member States are now determined to keep them. For decades, people have been complaining about EU bureaucracy. But in reality, the tracking industry is so terrified of consumers being able to simply say ‘no’ that, after a bit of lobbying, everyone gives in. It really does raise the question of whether some Member States are primarily representing their voters or the lobbyists.” said Max Schrems
Let’s say no to the cookie banner together!
The Digital Omnibus is currently in parallel negotiations in the Council and in the European Parliament. For now, it is still unknown what position the European Parliament has taken regarding Article 88b GDPR. When the negotiations are over, the two institutions will have to make a compromise.
At Tuta, we fight for your right to privacy which is why we say no to Big Tech’s invasive tracking and monetization off your data. Now, it is time for the European Parliament to advocate to keep Article 88b, and remove the cookie banner, because it’s people like you and me that are directly impacted by this.
You can take action too! If you’re annoyed by the cookie banner, tell the EU to #KillTheCookieBanner here.
