Website Cookies: 4 European Legal Policies Working To Protect Against Abusive Practices In Data Collection
Anyone using the internet understands that digital cookies are prevalent across the entire electronic ecosystem. Everyone has at some point seen a pop-up saying a website uses cookies and offering three options: accept all, reject all, or select which cookies they opt in to. This approach to establishing cookie use and disclosure requirements isn’t new; it began with the European Union’s ePrivacy Directive, adopted in 2002 and amended in 2009, and the General Data Protection Regulation (GDPR), adopted in 2016 and applicable in 2018.
After the EU built the framework, the United Kingdom, Finland, and France adopted and expanded measures to ensure user privacy and data safety while navigating the World Wide Web.
Legal Rules For Cookie Collection
Digital privacy laws in the EU, based on documentation from interoperable Europe, established strict legal rules for protecting user information, making privacy a fundamental right, not a product to be traded. Companies must justify why they need user data; digital privacy must be built into products, apps, and websites. These laws set strict rules for browser tracking controls, protect location data, and require organizations to clearly explain what information they collect, how they use it, and how users can stop it.
This shifts the dynamic of data collection, allowing users to refuse consent. Consent applies to standard browser settings, consent banners, privacy requests, and other means allowing individuals to opt in or out of online tracking. Websites must offer choice over cookies, tracking, and personal data, as well as the ability to withdraw consent, request deletion of data, and/or file a complaint to seek legal remedies where appropriate.
Organizations that fail to meet privacy requirements may face investigations, orders to change business practices, imposed restrictions on data processing, and financial penalties. Websites may also suffer reputational damage and loss of consumer trust. If the information is mishandled or collected without proper consent, the offending company may have increased legal liability.
Regulatory authorities can require companies to halt data processing, delete improperly gathered information, or force software and websites to redesign to achieve compliance.
Different Perspectives Under the Same Umbrella
France notably took an aggressive enforcement approach through the Commission Nationale De l’Informatique et des Libertés (CNIL). The French regulatory body leaves no room for interpretation, stating that companies legally must have an equally prominent “Reject All” button and prohibiting designs that encourage acceptance through color, placement, or wording. The CNIL has conducted several landmark investigations, including a 325 million euro fine against Google for displaying advertisements to French users without proper consent following multiple inspections between 2022 and 2023.
Finland adopted a firm, hardline interpretation of cookie consent through its Act on Electronic Communications Services and court rulings. On Aug. 27, 2026, the Supreme Administrative Court reinforced that refusing cookies must be as easy as accepting them; the rejection option cannot be hidden or made acceptance visually more appealing through highlighted buttons. The recent ruling narrowed the definition of strictly necessary cookies, making a firm case against classifying personalization and tracking activities as essential services.
Though France and Finland are both part of the EU, each implemented unique approaches to the regulations governing how citizens’ privacy and personal information could be gathered.
The Branch That Followed Suit
The United Kingdom began with the Privacy and Electronic Communications Regulations (PECR) in 2003, while still part of the EU. This was updated in 2019 and again, more stringently, in early 2026, following Brexit. The UK’s regulations are enforced by the Information Commissioner’s Office (ICO) and require users to be informed about website cookies, mandating that services give users clear means to give or reject consent before storing or accessing user information on their device.
The UK’s cookie standards through the Data (Use and Access) Act 2025 (DUAA) were updated and came into force in Feb. 2026, bringing significant privacy updates to the PECR, aligning with GDPR standards and increasing maximum fines for illegal cookie tracking. Originally, fines were capped at £500,000; these have been raised to a maximum of £17.5 million or 4% of annual turnover, depending on what number was higher, aligning with penalties for unsolicited marketing calls, texts, and wrongful cookie usage with the core UK GDPR penalties.
