EU Council scrapes Article 88b proposal to replace cookie banners with automated signal

What happened

The European Commission proposed adding Article 88b to the GDPR to replace cookie banners with an automated consent signal. On 18 June, the Council’s position paper removed the article, keeping the existing cookie banner regime. The change was opposed by Google and several Member States.

Why it matters for trust and compliance

• Its status is proposed. It is not law yet. Track it, but do not treat it as an obligation.
• The Council’s removal of Article 88b halts the EU’s effort to simplify online consent mechanisms.
• It relates to GDPR. The regulations library explains what that law requires.

Who is affected

Recommended actions

1. Review consent, cookie and tracking practices against the requirement.
2. Check that privacy notices describe the practices this addresses.
3. Inventory where this data is shared or sold and whether opt-outs are honoured.
4. Inventory AI or automated decision systems in scope and their assessments.