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Europe’s cookie reform advances to the next negotiating stage

The Council’s position could change some measurement rules. Businesses need a clear view of their current data setup while negotiations continue.

The glass and stone exterior of the Council’s Justus Lipsius building in Brussels, with European Union flags at the entrance.
The Council’s Justus Lipsius building in Brussels. Official institutional photograph. © European Union / Council of the European Union. Source: Consilium. · Use terms · View full-size visual ↗

The Council of the EU agreed its negotiating position on the Digital Omnibus on 21 October. Its proposed changes include clearer and additional purposes for placing cookies without consent, with audience measurement among the examples. Cookie rules would remain within the ePrivacy framework. The Council will negotiate with the European Parliament once Parliament establishes its position. This is a negotiating mandate; the proposed changes have not become final law. [Sources]

Understand what each tag is doing

For a hotel, retailer or service business, a better measurement environment could improve decisions about acquisition and the website journey. The size of that benefit will depend on the eventual rules and the organisation’s actual technology. A proposal mentioning audience measurement does not establish that every analytics or advertising tool will qualify.

Our view is that the useful preparation starts with a commercial question: which decisions require better information? A hotel may need to understand where guests abandon the booking journey. A professional-services firm may need to distinguish a useful enquiry from a casual form submission. Naming the decision helps determine which data matters and which technology earns its place.

One9Six would connect those needs to the current setup, working with the client’s technical and privacy advisers. We would establish which tools measure an audience, which support advertising, which send information to outside services and which reports management actually uses. The exercise can reveal duplicated collection, unexplained reporting differences or important gaps without depending on a future legislative outcome.

Keep the operating decision separate from the forecast

The next brief should distinguish improvements available under the present arrangement from changes that depend on the final legislation. That keeps campaign optimisation moving while preserving an accurate account of what the policy process has decided.

For organisations buying a new website or analytics platform, flexibility deserves a place in the specification. Consent behaviour, vendor configuration and reporting should be understandable to the team responsible for them. A system that can be adjusted carefully is more useful than a promise built around an unfinished reform.

The immediate action is to map one valuable customer journey and the tools measuring it. Use that map to agree a reliable business baseline, then revisit the configuration when the legislative text and application timetable are settled. The Council announcement alone does not authorise changing live consent behaviour.

Sources

  1. Council of the EU — Digital rulebook: position on data protection, privacy and cyber reporting ↗21 October 2026
  2. Council negotiating mandate — ST 14756/2026 INIT ↗22 October 2026

Sources checked 4 November 2026. News and research are attributed above; the application to clients is One9Six’s analysis.