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REGULATORY WATCH BRIEF Moderate 42 📋 Proposed Regulation proposed

EU Commission proposes Article 88b for automated privacy signals in Digital Omnibus

The proposal could simplify consent by introducing automated privacy signals, reducing reliance on cookie banners across the EU.

ADTP Regulatory Watch · September 10, 2026 · European Commission
ImpactModerate 42
Type📋 Proposed Regulation
Statusproposed not law
JurisdictionEU

What happened

The European Commission, as part of the Digital Omnibus package, proposed legally binding automated privacy signals under Article 88b of the GDPR to replace cookie banners. The proposal would let users set their privacy preferences once and have them communicated to websites or apps. The Council has removed Article 88b, while the European Parliament is considering amendments to retain it.

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 proposal could simplify consent by introducing automated privacy signals, reducing reliance on cookie banners across the EU.

Who is affected

technology advertising controller processor platform European Consumer Organisation (BEUC) European Digital Rights (EDRi) noyb Google

Recommended actions

  1. Review consent, cookie and tracking practices against the requirement.
  2. Check that privacy notices describe the practices this addresses.