EU Commission unveils proposals to transform digital advertising and tackle “Cookie Fatigue”

Proposing simpler consent requests and alternatives to the ‘pay or consent’ cookie model, this initiative aims to tackle ‘cookie fatigue.’ Users may soon see clearer ad choices and less intrusive tracking methods.
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The consumer protection arm of the European Commission introduced draft guidelines to overhaul digital advertising methods, aiming to supplant the burdensome ‘pay or consent’ cookie system. The framework outlines fundamental principles for digital advertisers, urging simplified consent requests by segregating essential cookies from data collection notices. Websites are mandated to transparently disclose advertising-supported content and provide clear explanations regarding the implications of tracking. Notably, if a website relies on tracking-based advertisements or payment options, users must be presented with an alternative, less intrusive advertising choice, such as contextual advertising.

Moreover, the proposal tackles overwhelming consent requests by proposing a two-tiered approach to presenting cookie information to avoid overwhelming users. It emphasizes the importance of preserving user-made choices and limiting frequent consent requests. However, adherence to existing legislation like the Digital Markets Act is a prerequisite for this proposal.

Why does it matter?

This effort emerged due to increasing ‘cookie fatigue’ and the advocacy for change led by Justice Commissioner Didier Reynders. The European Data Protection Board underscored user empowerment, emphasizing the need for well-informed, deliberate consent, and mentioning against using universal identifiers for user refusals related to cookies. Furthermore, some raised concerns that centralized solutions might not guarantee valid consent, emphasizing the necessity for personalized options in managing cookies.