Guide
Cookie consent for UK websites
In the UK you generally need clear, informed consent before setting cookies or similar technologies that are not strictly necessary, such as marketing and many analytics cookies. Strictly necessary cookies need no consent. The rules come from PECR, alongside UK GDPR. This is general guidance, not legal advice. The Data (Use and Access) Act 2025 changed the rules, so check the ICO for the current position.
Please note
What this guide covers
This guide explains in general terms how cookie rules work for UK websites. It is not legal advice. The rules sit in the Privacy and Electronic Communications Regulations (PECR) together with UK GDPR, and they were changed by the Data (Use and Access) Act 2025, with updated ICO guidance following. This page was checked against the ICO's published guidance in November 2026, but you should confirm the latest requirements with the Information Commissioner's Office at ico.org.uk before you finalise your approach.
Enforcement has also tightened. The 2025 Act lets the ICO fine breaches of the cookie rules at the same level as UK GDPR, up to £17.5 million or 4% of worldwide turnover, whichever is higher, so these rules are worth getting right even for a small site.
The ICO publishes a guide to cookies and similar technologies, with examples of banner designs that do and do not meet the standard. It is the best single source, and reading it takes less time than you might expect. What follows is a practical walk-through that will help you understand it.
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Valid consent
What counts as valid consent
Consent must be a clear, positive action. Pre-ticked boxes, sliders already switched on and silence do not count. Scrolling or carrying on browsing is not consent. The person must understand what they are agreeing to, so the banner needs to say in plain language what the cookies do and who sets them, with more detail available in a cookie policy.
Refusing must be as easy as accepting. A banner with a bright Accept all button and a hidden, grey, multi-step route to reject falls short of the ICO's expectations. Offer Accept and Reject at the same level, with the same prominence. Let people change their mind later through a link in the footer, and record their choice so you can show what they agreed to.
Do not load non-essential cookies before consent is given. That is the most common technical failure: a banner appears, but the tracking scripts have already fired in the background.
Keep a simple record of consent choices, including when they were given and which version of the banner text the visitor saw. If you change what your cookies do, ask again rather than assuming the earlier answer still applies. Many consent tools store this for you, but check that they do, and check how long a choice is remembered before the banner reappears.
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Practicalities
Keeping it proportionate
Many small sites have a surprisingly short cookie list. A brochure site with no analytics, no embeds and no advertising may set only strictly necessary cookies, in which case no consent banner is needed, though you should still explain what is used in a short notice. Removing a tracking tool you rarely look at is often easier than building consent around it.
If you do want analytics, decide what you really need to measure. The 2025 Act added a "statistical purposes" exception, so some first-party analytics can run without consent. It is narrow: the cookies or similar technologies must be used only to improve your own website or service, and the information gathered must be aggregate statistics that cannot identify people. Using a third-party analytics provider does not widen it, and anything used for advertising, including ad measurement, still needs consent. The ICO sets further conditions in its guidance on exceptions, so read that rather than relying on a vendor's claim that a tool is "cookie-law compliant". When in doubt, take professional advice.
FAQ
Common questions
Do I need a cookie banner?
Only if you set cookies or similar technologies that are not strictly necessary. A site using only essential cookies may not need one.
Do I need consent for analytics cookies?
Generally yes. Since the Data (Use and Access) Act 2025 there is a narrow exception for aggregate statistics used only to improve your own site, but advertising and anything that identifies people still need consent. Check the ICO's guidance on exceptions.
Is a cookie banner the same as a privacy policy?
No. The banner asks for consent, the cookie policy lists cookies, and the privacy notice explains wider use of personal data.
Can I just say that by using the site visitors accept cookies?
No. Continued browsing is not valid consent for non-essential cookies.
What if a visitor refuses?
The site must still work. Do not block access to content because someone declined non-essential cookies.
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