What can I do about this clause?

{'method': 'WEB_FORM', 'recipient': 'https://www.booking.com/content/privacy.html', 'difficulty': 'EASY', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': "Access Booking.com's Cookie Preference Center via the privacy settings link at the bottom of any Booking.com page. Toggle off 'Analytical' and 'Marketing' cookies and save your preferences.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority over deceptive data collection practices and has issued guidance on cookie consent dark patterns under FTC Act Section 5, particularly where opt-out is harder than opt-in for advertising tracking.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Cookie and Tracking Consent Framework clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Cookie and Tracking Consent Framework — Booking.com

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What it is

Booking.com uses cookies and tracking tools, including for targeted advertising through third-party partners, and treats your continued use of the site as consent unless you change your preferences.

Clause Stability Highly Volatile

Change

Month Monitored

Apr 18, 2026

First Seen

Apr 18, 2026

Last Seen

This clause has changed once in 1 month of monitoring.

Change history

added Apr 18, 2026

New provision in first tracked version.

View full change record →

Consumer impact (what this means for users)

Users' browsing behavior, device identifiers, and travel search patterns are shared with advertising partners through cookies unless users proactively opt out via the Cookie Preference Center — a burden that many users will not complete.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration

Access Booking.com's Cookie Preference Center via the privacy settings link at the bottom of any Booking.com page. Toggle off 'Analytical' and 'Marketing' cookies and save your preferences.

Cross-platform context

See how other platforms handle Cookie and Tracking Consent Framework and similar clauses.

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Why it matters (compliance & risk perspective)

The 'continued use equals consent' approach for marketing and analytical cookies may not meet the GDPR standard of freely-given, specific, and unambiguous prior consent, particularly for non-essential tracking technologies.

View original clause language

We use cookies, pixels, and similar tracking technologies to recognize you and your device(s) across different services and devices. We work with selected partners and third parties who place cookies on our website to provide personalized advertising and measure ad performance. You can manage your cookie preferences through our Cookie Preference Center at any time. By continuing to use our platform without adjusting your settings, you agree to our use of cookies in accordance with our Cookie Policy.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision directly engages the EU ePrivacy Directive (2002/58/EC, as amended) Article 5(3) requiring prior, informed, specific consent for non-essential cookies; GDPR Article 6(1)(a) for consent as lawful basis; GDPR Article 7 for valid consent requirements (freely given, specific, informed, unambiguous); the UK Privacy and Electronic Communications Regulations 2003 (PECR); and CCPA §1798.100 et seq. regarding opt-out of sale/sharing of personal information through tracking pixels. The relevant enforcement authorities are the Dutch Autoriteit Persoonsgegevens, UK ICO, and California Privacy Protection Agency (CPPA).

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Applicable agencies

FTC

The FTC has authority over deceptive data collection practices and has issued guidance on cookie consent dark patterns under FTC Act Section 5, particularly where opt-out is harder than opt-in for advertising tracking.
File a complaint →

Provision details

Document information

Document

Booking.com Terms and Conditions

Entity

Booking.com

Document last updated

April 29, 2026

Tracking information

First tracked

April 18, 2026

Last verified

April 18, 2026

Record ID

CA-P-002986

Document ID

CA-D-00237

Evidence Provenance

Source URL

https://www.booking.com/content/terms.html

Wayback Machine

View archived versions →

SHA-256

52c4414b2e6350e445ed7a44c8bc8ae56a7608f1f1d032c99314f99fcd4f8724

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Booking.com | Document: Booking.com Terms and Conditions | Record: CA-P-002986
Captured: 2026-04-18 11:26:18 UTC | SHA-256: 52c4414b2e6350e4…
URL: https://conductatlas.com/platform/bookingcom/bookingcom-terms-and-conditions/cookie-and-tracking-consent-framework/
Accessed: May 2, 2026

Classification

Severity

High

Cookie and Tracking Consent Framework