EU cookie law: what the banners cost, and what the Digital Omnibus changes

By the European Commission’s own estimate, Europeans spend 334 million hours a year on cookie banners. What that figure rests on, what people actually click, and where the plan to change the rules stands in November 2026.

The EU cookie law, last amended in 2009, says a website may store something on your device, or read something from it, only with your consent, unless it is strictly necessary. Its visible result is the cookie banner, and the European Commission now describes the effect of its own rule this way: users "often click on any button, just to be able to access the visited site." In November 2025 the Commission proposed rewriting the rule as part of the Digital Omnibus, and in October 2026 the Council of the EU agreed a different version of its own. This article puts the figures side by side: what the banners cost in time by the only official estimate there is, what people click and why, what each version of the new rule would change, and what a website owner should do in the meantime. Every figure comes from the source named next to it, read on 3 November 2026.

The cookie rule today and in the two proposals

PointTodayCommission, Nov 2025Council, Oct 2026
Where the rule sitsePrivacy Directive, Art. 5(3)GDPR, new Art. 88aePrivacy Directive, Art. 5(3) rewritten
Visitor statistics without consentNoAggregated, by the site, for its own useAnonymous and aggregated, also by a third party on the site’s behalf
Other new exceptionsNoneSecuritySecurity; media audience measurement; contextual ad measurement
RefusingNot set in the textSingle clickSingle click
Asking again after a refusalNot set in the textAfter at least 6 monthsAfter at least 4 months
Choices set in the browserNoSites after 24 months, browsers after 48Dropped; report on privacy technology within 12 months
Applies fromIn force6 months after entry into forceThrough national law, 24 months after adoption

From the Commission’s questions and answers of 20 November 2025 and the Council’s mandate, document 14756/26 of 22 October 2026, which marks every change to the Commission’s text. Read on 3 November 2026. Neither version is law, and the European Parliament has not adopted a position.

What studies found people click

SourceSettingFinding
Utz et al., 2019German e-commerce site, all boxes pre-tickedAbout 30% on mobile and 10% on desktop accept all
Utz et al., 2019Same site, boxes unticked (opt-in)Fewer than 0.1% accept all
Utz et al., 2019Same site, time until visitors interactMedian 4 to 8 seconds
Nouwens et al., 2020Scraped consent pop-ups11.8% meet minimal legal requirements
Nouwens et al., 2020Reject button removed from the first pageConsent up 22 to 23 points
IAB Europe, 2025, cited by the CommissionIndustry survey54% accept all, 26% reject all
forsa for the BfDI, Nov 2025Survey of German internet users60% reject all when it takes one click

Surveys report what people say they do; the two field studies record what they did. Figures as published in each source.

A privacy rule that turned into a click

Article 5(3) of the ePrivacy Directive requires consent before a website stores information on a visitor’s device or reads information from it, unless that is strictly necessary for a service the visitor asked for. The rule dates from the early 2000s and was last amended in 2009. Most websites meet it with a banner, and by the Commission’s working assumption 85% of the sites a European visits show one.

The authorities that enforce the rule are not convinced by it either. In a 2022 evaluation cited in the Commission’s impact assessment, only 3 of 30 competent authorities said Article 5(3) works "well"; 13 said "fair" and 3 said "poor". Businesses pay for it as well: the same assessment puts the average cost of a cookie banner at €400 per website per year and, with about 41% of 10 million active EU websites showing one, the total at €1.64 billion a year.

How much time cookie banners cost

The only official estimate is in the impact assessment the Commission published with its proposal on 19 November 2025. Its method: 450.4 million people in the EU, 75% of whom use the internet to look for goods and services; 100 websites visited a month, 85% of them with a banner; 3.5 seconds per banner. The result is about 334 million hours a year. At the average EU hourly wage that is roughly €11.2 billion, and because most browsing happens in free time, the Commission scales it down to between €3.36 billion and €5.6 billion, using the value transport planners put on leisure time.

Nobody has measured the total; every figure in circulation is a multiplication of assumptions. The visits and the banner share come from a 2024 blog post by Legiscope, which the Commission’s footnote cites by its title, "Europeans Spend 575 Million Hours Clicking Cookie Banners Every Year." That post used 5 seconds per banner, and Simple Analytics, among others, repeated its figure. Legiscope’s page at the same address now says that no reliable EU-wide total can be inferred without measured banner exposure and interaction time. The nearest thing to a measurement comes from a 2019 field study on one German website, where the median time until a visitor interacted with the banner was 4 to 8 seconds.

What people actually click

Asked directly, people say they refuse. In a forsa survey for Germany’s Federal Data Protection Commissioner, the BfDI, published on 4 November 2025, 60% of internet users said they reject cookies across the board when one click allows it. The industry survey the Commission cites, by IAB Europe in 2025, found the opposite habit: 54% of users accepting all cookies and 26% rejecting all, in the Commission’s words often without making an informed decision.

How many people accept depends less on the people than on the banner. In the 2019 field study by Utz and colleagues, with 82,890 visitors to a German e-commerce website, a banner with every box pre-ticked led about 30% of mobile visitors and 10% of desktop visitors to accept all third parties. Offered the same choice with the boxes unticked, fewer than 0.1% accepted everything.

The banner is a design decision

A 2020 study by Nouwens and colleagues, presented at the CHI conference, scraped consent pop-ups and found that only 11.8% met the minimal requirements the authors derived from European law. In an experiment, removing the reject button from the first page raised consent by 22 to 23 percentage points, while putting more detailed choices on the first page lowered it by 8 to 20 points.

Put next to each other, these figures explain the banner most people know: a large accept button, and refusal one layer down. It is the layout that collects the most consent, which is why it is the textbook example of a dark pattern, and why both versions of the reform begin with a reject button that takes a single click.

What the Commission proposed in November 2025

On 19 November 2025 the Commission published the Digital Omnibus, a proposal to simplify several EU digital laws at once, alongside a separate Digital Omnibus on AI, which we follow in our EU AI Act timeline. For cookies, it would move the rule out of the ePrivacy Directive and into the GDPR as a new Article 88a, with GDPR fines of up to 4% of global turnover. Consent would remain the rule, with a short list of uses that need none: transmitting a communication, a service the visitor asked for, security, and aggregated statistics a site creates about its own audience for its own use.

Where consent is needed, refusing would take a single click, and a refusal would have to be respected for at least six months before the site asks again. A new Article 88b would require sites to accept choices sent automatically in a machine-readable form, for example from browser settings, 24 months after the law takes effect, and browsers from companies that are not SMEs to offer that option after 48 months; media services would be exempt. The Commission expects more than €800 million a year in savings for businesses, and calculates that choices set once in the browser would spare about 200 million users 198 million hours a year.

What the Council changed in October 2026

On 21 October 2026 the member states’ ambassadors agreed the Council’s negotiating mandate. It keeps the cookie rule in the ePrivacy Directive and rewrites Article 5(3) instead of moving it into the GDPR. The exceptions become a closed list, and a longer one: besides transmission, requested services and security, it allows anonymous visitor statistics that a third party may compile on the site’s behalf, audience measurement for media under the European Media Freedom Act, and measuring the display and performance of contextual advertising, with pseudonymised data and no profiling. Refusing still takes a single click, and the wait before asking again after a refusal falls from six months to four.

The only saving the Commission counted in hours, choices set once in the browser, is the measure the Council removed. In its place, the Council asks the Commission for a report on privacy-enhancing technologies within 12 months of adoption. And because the rule stays in a directive, each country would have 24 months after adoption to write it into national law, so the details would keep differing from one country to the next.

Where it stands in November 2026

In the European Parliament the file sits jointly with the industry committee, ITRE, and the civil liberties committee, LIBE, with Aura Salla and Marina Kaljurand as rapporteurs since 25 February 2026. On 3 November 2026 the Parliament’s Legislative Observatory gives its status as "Awaiting committee decision", with no committee or plenary vote recorded. Negotiations between Parliament and Council can only begin once Parliament has a position, and they have not begun.

So none of it applies yet, and the road is longer than the headlines suggest: a Parliament position, a deal with the Council, formal adoption and, under the Council’s version, up to 24 months of national lawmaking after that. Until then, a website is judged by the rule in force today.

Germany already built the browser option

Germany did not wait for Brussels. Its consent management ordinance, the EinwV, signed on 6 February 2025 and in force since 1 April 2025, lets the BfDI recognise services that store a person’s cookie choices centrally, so that websites can read them instead of asking again. The BfDI recognised the first one, Consenter from Law & Innovation Technology GmbH, on 17 October 2025, and on 3 November 2026 it is still the only service in the register.

Demand is not the obstacle, on paper: in the forsa survey for the BfDI, two thirds of respondents could imagine using such a cookie manager, and 83% want their settings to apply on every website. Section 18 of the ordinance, however, makes connecting to a recognised service voluntary for websites, so a choice stored once counts only on the sites that decide to read it.

What to do now, and what to wait for

Change nothing because of the Omnibus yet. The rules that apply are the ones in force: Article 5(3) of the ePrivacy Directive as each country implemented it, § 25 TDDDG in Germany and Law 506/2004 in Romania, which our guide to cookie banners and Consent Mode v2 explains step by step. Removing a banner because a proposal would exempt your analytics, or asking again after a refusal on a timetable nobody has adopted, means acting on a text that can still change. The one point every version agrees on is a single-click refusal, and that is worth having now.

A site that stores nothing that needs consent needs no banner, today and under every version on the table. Login sessions, shopping carts and language choices are strictly necessary, and a banner on a site that uses nothing else is a click that protects no one. Most banners exist because of one or two tools, usually analytics or advertising, and analytics that stores nothing on the device, compared in our guide to Google Analytics alternatives, removes the question instead of waiting for an exemption. Whether a site needs a banner at all is settled by how it is built, which is our web development work.

Frequently asked questions

Sources and method

All pages read on 3 November 2026. The comparison of the Commission’s and the Council’s texts comes from the Council’s mandate, which marks every change to the Commission proposal. The time estimate is the Commission’s; we did not make one of our own, because no measured data exists to make it from.

Want a website that needs less of a banner?

We build websites that load only what they need, so the consent question shrinks or disappears, and we set up a banner that really blocks what it says where your tools still need one.