> Neither cookies, nor tracking pixels, nor browser fingerprinting are software. Your web browser is software. The server side runs software. These are data.
> It seems pedantic, but I think it shows that the lawmakers have an underlying misunderstanding of how tech (and the world) works.
No, that's just TechCruch's summary. This is the Dutch DPA's actual guidance: https://autoriteitpersoonsgegevens.nl/nl/nieuws/websites-moe...
It's in Dutch. I would not be surprised if "software" has a slightly different meaning or connotations than in English.
And even if it doesn't you don't need a precise command of technical jargon as a practitioner would use it to have a good understanding of an area. The meaning of TechCruch's translation was perfectly clear to me, and better than alternate formulations I can think of that avoid using "software" to refer to cookies. Maybe they should have just government-jargon and called them "tracking cybers."