Ch 17.3.5–17.3.7 - Enforcement & reform

Cookie scrutiny, third-party cookie demise, ePrivacy Regulation

Cookie consent has drawn sustained regulatory scrutiny. The ePrivacy Directive and national implementing laws remain the current rules. The Commission withdrew its 2017 ePrivacy Regulation proposal on 6 October 2025. Browser controls and advertising technology continue to change, so current platform behaviour should be checked separately from the legal rule.

Cookie reform & enforcement
DevelopmentDetail
NOYB complaints (2021)422 complaints to ten European DPAs over cookie consent mechanisms
CNIL fines (Jan 2022)Totalling €210 million for cookie consent failures
Privacy SandboxGoogle's Chrome plan to replace third-party-cookie tracking
SafariAlready blocks all third-party cookies by default
ePrivacy RegulationThe 2017 replacement proposal was withdrawn on 6 October 2025

The ePrivacy Regulation would be a regulation, giving greater harmonisation than the patchwork of national implementations of the Directive. Once finalised it won't be directly applicable in the UK, but UK organisations targeting EU individuals would still likely need to comply.

Key terms - quick answers

What is “CNIL”?
France's data protection authority (Commission nationale de l'informatique et des libertés).
What is “Privacy Sandbox”?
Google's Chrome initiative (announced 2019) to replace third-party-cookie cross-site tracking with more privacy-friendly tools.
What is “ePrivacy Regulation”?
A 2017 proposal to replace the ePrivacy Directive. The Commission withdrew it on 6 October 2025.

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