Dr Diana Nasulea // 8 July 2026

This briefing examines the European Commission's proposed browser-level consent mechanism under Article 88b of the Digital Omnibus, which aims to simplify online privacy by replacing website cookie banners with a single browser-based preference. While reducing consent fatigue is a legitimate objective, the paper argues that the proposal goes beyond simplification by embedding a legislative default of non-consent that is likely to reshape the economics of the open web.

Drawing on evidence from behavioural economics, peer-reviewed field experiments, and industry modelling, the analysis argues that default settings do not merely reflect user preferences but actively influence them. By making browser-level non-consent the default, the proposal is expected to reduce consent rates substantially, lowering the effectiveness of digital advertising and imposing significant costs on businesses and publishers that rely on advertising revenue.

The briefing finds that these costs will not be distributed evenly across the digital economy. Independent publishers, SMEs, and businesses that depend on open-web advertising are expected to experience the greatest losses, while large platforms with extensive first-party data and logged-in user bases will be comparatively insulated. As a result, a measure intended to strengthen users' privacy could inadvertently reinforce the market position of the very technology companies that wider EU digital policy seeks to constrain.

The paper concludes that policymakers should pursue genuine simplification without predetermining user choices. Rather than legislating a default of non-consent, the EU should standardise consent interfaces, broaden exemptions for low-risk processing, and ensure that browser-level consent mechanisms allow users to express meaningful preferences without distorting competition or undermining the advertising-funded open web.

The main findings of the briefing include:

• Browser-level consent is likely to reduce advertising revenues by around 30%, with every additional percentage point decline in consent potentially reducing annual advertiser revenues by €600 to €800 million.
• The greatest economic impact is expected to fall on independent publishers, SMEs, and businesses that rely on open-web advertising rather than first-party data.
• Large integrated platforms are likely to be comparatively insulated, potentially strengthening their competitive position despite the wider objectives of EU digital policy.
• Legislating a default of non-consent is not a neutral simplification but a policy choice that shapes market outcomes by influencing user behaviour.
• A better approach would standardise consent mechanisms while avoiding legislated defaults, expanding exemptions for low-risk processing, and preserving genuine user choice.