Background information
Digital Omnibus: the EU’s set to restructure digital laws
by Florian Bodoky
Cookie banners: what we can learn from the EU’s mistakes
9.12.2025
Translation: Natalie McKay
The EU wants to get rid of cookie banners. The reason? The promised benefits haven’t materialised, yet the costs are high. This is why, in Switzerland, we use an alternative solution.
The pizza analogy has stayed with me. In a pizzeria, as Professor Peter Grossen explained to us during our studies, customers don’t want a 300-page menu with 3,000 pizzas in every possible combination. They want ten to 15 options. Or even better: a recommendation of the day. Because more and more choices, more and more decisions, this doesn’t just inspire people. It often overwhelms them. This is the downside of today’s multi-option society (linked book available in German only).
Multi-option society. I always think of this word when I’m clicking out of a cookie banner for the thousandth time.
Cookie banners have been a legal requirement in the EU since 2009. The idea behind them is what’s called informational self-determination: users should be able to make informed decisions about what personal data website operators can collect and use. Have the out-of-control cookie banners strengthened informational self-determination since then? No, the European Commission recently summed up in a self-critical report.
76 per cent feel annoyed
First of all, the banners simply get on users’ nerves. According to a Bitkom survey (in German), 76 per cent of people are annoyed by them. Research also shows that the banners don’t necessarily mean users exercise self-determination on the web. Instead, what’s known as consent fatigue sets in. Nobody has the time or inclination to read reams of data privacy information every time they visit a website. Hardly anyone understands the technical content of the explanations at all. Unsurprisingly, users then doubt whether cookie banners give them any control at all. The result: internet users are overwhelmed by the flood of information, and click on something without thinking. The multiple options in the cookie banner dwindle into the illusion of a real choice. That’s why the European Commission is now calling for an end to the flood of cookie banners. In future, users will be able to configure data settings centrally via the browser – just like they’re already able to do now using recognised tools.
In practice, most people click on «Accept All» in cookie banners – partly because of dark patterns: manipulative design elements intended to encourage users to give their consent. One click is all it takes to «Accept All», while «Refuse All» requires several – and that’s how website operators sway the decision in favour of their preferred answer.
Source: Screenshot
However, if both options are equally prominent, many people click on «Refuse All» far more often. Our own research suggests they don’t necessarily do this in a self-determined way either. We surveyed over 678 users in Switzerland and Germany. Our customers generally trust us when it comes to handling their data. On a scale of 1 (strongly disagree) to 5 (strongly agree), we received an average score of 4.23 in response to the statement «Galaxus meets my expectations regarding the responsible handling of my personal data».
Although they trust us to process their data, 38 per cent of them in the EU still click on «Refuse all» in the cookie banner, denying us access to their data. That seems like a contradiction. It’s also worth noting that only 0.02 per cent of users in the EU selectively accept individual cookies. All this indicates that cookie banners hardly contribute to informed decisions. But rather to arbitrariness.
Allow me: the personalisation-privacy paradox
That’s not the last of the issues. Our customers want a personalised shopping experience. This is exactly what cookies are needed for, but customers in the EU often reject them. In research, this is called the personalisation-privacy paradox (link includes a cookie banner with a dark pattern).
I’m returning to the pizzeria analogy: if we’re on our own in a restaurant and don’t feel like studying another long menu, the standard choice is the boring margherita. But when we tell the waiter we like bresaola, they recommend the Pizza Della Casa.
We’re breaking new ground
That’s why at Digitec Galaxus we use an alternative to the cookie banner for Switzerland. We’ve listened to our users’ desire for transparency and now also offer an interest profile in addition to the data settings. This way, you can openly see what data we collect about you, and control this acquisition according to your interests. Our aim is to give you real informed control – without getting on your nerves and without affecting your shopping experience.
Header image: Martin Jungfer
Marc Engelhard
Public Affairs Manager
Marc.Engelhard@digitecgalaxus.chProfessionally, I get to deal a lot with politics, business and society. Privately, I like to buy books and stack them up at home. I once read that the Japanese call this tsundoku.
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