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What Are Cookies and Why Do They Matter?

Cookies are small pieces of information stored on your device when you browse websites. They serve different purposes: keeping you logged in, analyzing user behavior, and, most controversially, personalizing ads.

Currently, cookies are regulated under the ePrivacy Directive. An earlier attempt to replace it with a new regulation failed due to a lack of political consensus, forcing the Commission to withdraw the legislative proposal. Some of the ideas from that attempt are now being incorporated into other proposals.

A Meeting in the Shadow of Past Failures

On September 15, a closed meeting is planned with representatives from the digital industry and civil society organizations. The aim is to discuss the potential inclusion of cookie banner rules in the digital simplification package, which the Commission plans to present later this year.

This isn’t the first attempt to tackle the problem. Under former Justice Commissioner Didier Reynders, a “voluntary cookie commitment” initiative was launched to limit excessive or unfair practices in obtaining user consent. However, it yielded little impact, showing how difficult it is to balance the interests of advertisers, online businesses, and citizens.

“Cookie Fatigue” as a Political Argument

The Commission points to growing “cookie fatigue” among Europeans—the exhaustion of having to click through consent prompts on nearly every site visit. This is not just a technical or PR problem, but a political one: citizens increasingly view privacy rules as impractical and disconnected from everyday life.

Legally, the issue is even more complex. Cookie banners are a visible expression of consent requirements under EU law. Simplifying them or moving them into a new package raises questions: will this actually enhance privacy protection, or will it weaken rules for the sake of user convenience and business interests?

New Actors: DG CNECT Instead of DG JUST

Notably, this initiative is being led by DG CNECT, the Commission’s department for digital policy, rather than DG JUST, which handled earlier privacy measures. This shift may signal a change in focus—from consumer protection toward digitalization as a driver of market development and innovation.

Does this mean priority will be given to simplifying procedures for companies, even at the cost of citizen control over personal data? Or is it evidence that the Commission is learning from past mistakes and trying to create a more politically realistic solution?

What About Personalized Advertising?

The future of regulation doesn’t stop with the digital simplification package. DG JUST is expected to propose the Digital Fairness Act next year—a comprehensive consumer rights framework in the digital space. This could once again raise questions about personalized advertising and, therefore, cookies.

This creates a question of legislative coherence. Will the digital simplification package and the Digital Fairness Act complement each other, or will they risk duplicating rules and diluting user protection? Past experience shows that unclear and inconsistent legal frameworks often result in regulatory chaos, primarily affecting citizens.

Balancing Privacy and Market Logic

The cookie banner debate highlights a broader tension the EU has faced for years: how to balance individual rights with a market driven by personalized advertising.

If rules are too relaxed, citizens’ trust in EU institutions and privacy protections could be undermined. If regulations are too strict, the financial foundation of many digital services—currently free for users but supported by advertising—could be threatened.

In this context, the Commission’s decisions will test not only legislative efficiency but also the ability to conduct digital policy that balances the interests of users and businesses in a clear, predictable way.

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