The European Commission’s attempt to secure voluntary commitments from Big Tech companies on a ‘Cookie Pledge’ has faltered. The initiative sought to provide consumers with effective choices regarding tracking-based advertising models. However, the initiative failed to gain traction, as stakeholders expressed varying perspectives and concerns.
During the Digital Services Act discussions, EU Justice Commissioner Didier Reynders initially proposed a voluntary pledge to address consumer tracking and privacy concerns. However, the topic was not raised at the subsequent event. A Commission spokesperson explained that stakeholders deemed a voluntary approach premature, given the recent implementation of new legislation like the Digital Services Act (DSA) and Digital Markets Act (DMA).
Roundtable discussions involving EU officials, tech giants, trade associations, and privacy advocates failed to reach a consensus on tackling these issues. Some companies hesitated due to their reliance on data harvesting for revenue, while others feared conflicts with other legislation.
Fernando Hortal Foronda, Digital Policy Officer at BEUC, lamented the failure of the Cookie Pledge, emphasizing consumer dissatisfaction with the proliferation of cookie banners. He urged the Commission to consider mandatory legislation to protect individuals’ privacy.
An EU source indicated the possibility of redesigning consumer data regulation to include mandatory conditions. The European Data Protection Board has also expressed concerns about ‘consent or pay’ models, emphasizing the need for conscious user choices in data sharing. The Commission is currently investigating Meta’s ‘consent or pay’ model, highlighting the ongoing focus on protecting consumer privacy in the digital realm.