EU Officials Seek to Revise Cookie Law Amid Criticism of Over-Regulation
In a bid to simplify technology regulation, the European Commission is planning to revise its 2009 e-Privacy Directive, which has been criticized for over-regulating digital companies and cluttering the internet with pop-up consent requests. The move comes as officials seek to present an "omnibus" text in December that would scrap burdensome requirements on digital companies.
The directive, introduced in 2009, requires websites to obtain users' consent before loading cookies on their devices, unless the cookies are deemed "strictly necessary" for providing a service. However, critics argue that this has led to an over-reliance on blanket consent and a lack of transparency regarding data collection practices.
"This is a classic case of regulatory creep," said Peter Craddock, a data lawyer with Keller and Heckman. "Too much consent basically kills consent. People are used to giving consent for everything, so they might stop reading things in as much detail, and if consent is the default for everything, it's no longer perceived in the same way by users."
The European Commission has been holding meetings with stakeholders to discuss potential revisions to the directive. On Monday, officials met with representatives from digital companies, advocacy groups, and other interested parties.
Critics of the current law argue that it has led to an over-reliance on cookie consent banners, which often contain vague language and fail to provide users with meaningful information about data collection practices.
"Users are not being given a clear choice," said Max Schrems, a well-known digital rights advocate. "They're just clicking 'accept' without reading the fine print because they don't have time or interest in doing so."
Supporters of the current law argue that it has provided users with greater control over their online data and has helped to promote transparency and accountability among digital companies.
"The e-Privacy Directive has been instrumental in protecting users' rights and promoting a more transparent online environment," said Giovanni Buttarelli, former European Data Protection Supervisor. "Any revisions should prioritize the protection of user rights and ensure that digital companies are held accountable for their data collection practices."
The current status of the revision process is unclear, but officials have indicated that they aim to present an omnibus text in December that would consolidate various pieces of legislation related to technology regulation.
As the European Commission moves forward with revising the e-Privacy Directive, stakeholders will be closely watching developments to see how the changes impact digital companies and users alike.
*Reporting by Tech.*