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Art 88B GDPR and "Kill the Cookie Banner" coalition

16 Sep 2026

Will EU Council and EU Parliament support human control over AdTech and over AI? Or just drop it?

Las week, 18 civil society organisations published a first open letter from the so called "Kill the Cookie Banner" coalition (including notably BEUC, EFF, noyb.eu, European Digital Rights, Enforce, CLUE, APTI, Homo Digitalis, and 10 others). This letter was sent to MEPs, Member States and the EU Commission. Their message is clear: "Automated signals would allow users to automatically communicate their preferences concerning the access to and use of their devices, tracking, and the processing of personal data... This way, consumers do not have to interact with hundreds of different and often misleading cookie banners anymore."

This demonstrates that art. 88B GDOR is not a niche privacy debate. It is THE major question of who controls the machine: Humans? Or the AdTech stack, and increasingly the AI systems trained and fed by the data that stack hoovers up?

What these 18 organisations are demanding is an AdTech and AI architecture:
→ consent expressed in advance
→ refusal expressed in advance
→ objection expressed in advance
→ binding on every controller, not just the polite ones

The letter is also blunt: Article88b GDPR of the DigitalOmnibus (COM(2025) 837) is describes as "the only 'simplification' measure that would actually benefit people in this package of mainly business-oriented and protection-reducing measures."

And it insists on something ID side has argued from the start: the law must give humans control over AdTech. And over AI.

The technology exists: GPC is already binding in several US states. ADPC goes further (opt-in and opt-out, by purpose and by controller). And ID side architecture goes even deeper, giving full granularity of choices. So architectures for the legal framework and the European standard related to Article 88b are there.

We do not need a decade of consultation. We need this architecture now, to frame AdTech and, most importantly, AI systems that will train the next generation of AI. ID side teams are decided to contribute to the best of our ability, and help people /businesses benefit from our state-of-the-art architecture.