Can the GPC standard eliminate consent banners in the EU?
By: Sebastian Zimmeck , Harshvardhan J. Pandit , Frederik Zuiderveen Borgesius and more
In the EU, the General Data Protection Regulation and the ePrivacy Directive mandate informed consent for behavioural advertising and use of tracking technologies. However, the ubiquity of consent banners and popups has led to widespread consent fatigue and questions regarding the effectiveness of these mechanisms in protecting users' data. In contrast, users in California and other US jurisdictions can utilize Global Privacy Control (GPC), a browser-based privacy signal that automatically broadcasts a legally binding opt-out request to websites. In this paper we explore whether, and to what extent, GPC can be adapted to the EU legal framework to mitigate consent fatigue and improve privacy protections for EU residents. We analyse GPC as a technical specification standardized at the World Wide Web Consortium and examine its standing under current EU data protection law. Generally, GPC can be mapped to the various legal bases for processing under the GDPR. However, our evaluation also identifies friction between the GPC specification and EU data protection law as it stands. These discrepancies are resolvable and present an opportunity for EU legislators and regulators to interpret GPC in alignment with EU data protection requirements, particularly, considering the European Commission's recent Digital Omnibus proposal. We conclude that while GPC is not a silver bullet, its adoption -- supported by clear authoritative guidance and specification updates -- can offer a pragmatic path toward more automated and effective data protection in the EU.
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