What’s in the oven, or going stale with the UK’s cookies?
September 11, 2025
What’s in the oven, or going stale with the UK’s cookies?September 11, 2025 This article offers a timely overview of recent developments in UK cookie compliance and regulation. Why should I read this?With the Information Commissioner’s Office (ICO) ramping up enforcement and the enactment of the Data Use and Access Act 2025 (DUAA), organisations need to reassess how they handle cookies and user consent. We’ll cover:
ICO cookie compliance checks What’s happened?
What should you do?Whether you are in the top 1000 or not, you should check your cookies compliance by looking at your website cookies banner, cookies mechanisms on your mobile apps, the associated privacy notice and cookies policy and ensuring this reflects what is happening in practice. One of the key areas of complaint arises where non-essential cookies are firing prior to consent being obtained, or where there is a lack of information around what the cookies do, particularly where profiling or tracking is taking place. Importantly:
The Data Use and Access Act 2025 What Has Changed?The DUAA, enacted in June 2025, introduces a more nuanced approach to cookie consent. Under Schedule 12, consent is no longer required for certain low-risk non-essential cookies, including:
However, organisations must still provide comprehensive information about these cookies and offer a clear option to object. This means that even if organisations have reviewed their cookies compliance recently as part of the ICO’s previous waves of checks, there may still be benefit to revisiting this again now that the DUAA has been enacted. As a reminder this change is applicable to the UK only at this point. The approach under the EEA member states’ implementation of the e-privacy directive (which is the source of the cookies rules) remains unchanged, at least for now. So careful consideration is needed when it comes to the measures required for adoption in practice. Enforcement Update
What Should You Do?
ICO Storage and Access Guidance ConsultationOn 7 July, the ICO launched a public consultation on its updated guidance for storing and accessing information on user devices. This reflects the DUAA’s new exceptions under Schedule 12. The guidance clarifies when cookies can be used without consent, provided the risk to user privacy is low. Stakeholders are encouraged to submit feedback by 26 September 2025. What’s the takeaway?
Further reading on cookies
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