Updated PECR Guidance: What You Need to Know
If your organisation uses cookies, tracking pixels, local storage or other tech that stores or accesses data on someone’s device, this update is for you. The ICO has released a refreshed draft of its guidance on the Privacy and Electronic Communications Regulations (PECR), following the Data (Use and Access) Act 2025. Here’s an easy-to-understand breakdown of what’s changed and what it means for you.
Why this update matters
This guidance explains how to stay compliant with PECR, particularly when using cookies and similar technologies. It now includes new chapters, better examples, and clearer expectations using the language of “must,” “should” and “could” to define compliance requirements.
It also reflects the changes introduced by the Data (Use and Access) Act 2025, including a new chapter on exceptions to the rules.
Key Changes You Need to Know
New: “What are the exceptions?”
A brand-new chapter explains the five exceptions to cookies that typically require the consent or similar technologies deployed on the website. This is vital for understanding when you may be exempt from needing consent.
Cookies do not require consent where they are used for:
- Technical information for security, fraud detection, fault detection, authentication, recording user selection purposes
- Website appearance and functionality
- Collecting statistics for improvement to website service delivery
- For providing emergency assistance
Updated: “What are storage and access technologies?”
This section now provides clearer explanations about the types of technologies PECR covers, beyond just cookies. It includes things like:
- Tracking pixels
- Local storage
- Device fingerprinting
- Scripts and tags
- Link decoration
Clearer expectations for consent
A new chapter titled “How do we manage consent in practice?” includes updated examples of good and bad consent mechanisms and outlines what a compliant consent process looks like.
New focus: Online advertising
The new chapter on online advertising explains how PECR applies to targeted ads and audience profiling. This is a significant addition as the ICO has set clearer boundaries around tracking technologies used for ad purposes.
Refreshed enforcement chapter
The guidance reflects the evolving enforcement regime. If your organisation doesn’t follow the rules, expect increased scrutiny.
Minor updates throughout
The guidance also includes many small updates to existing chapters to align with changes in law and case law. These improve consistency and clarity.
Who should care about this update?
If you’re any of the following, this applies to you:
- A website or app owner
- A marketer using tracking tools
- A developer working with analytics or ad platforms
- A Data Protection Officer or compliance lead
Whether you use Google Analytics, embedded YouTube videos, chat widgets, or email marketing tools, you’re likely affected.
How to use the updated guidance
The ICO now uses three terms to guide your compliance:
- Must = Legal requirement or binding case law
- Should = Best practice we expect unless you have strong justification
- Could = Optional methods or examples that can help you comply
This makes it easier to know what you have to do versus what is simply recommended.
Our take at DPP
This update is a step forward in clarifying how organisations should handle cookies and tracking. It brings PECR more in line with modern technology, while still focusing on protecting individual privacy.
We welcome the inclusion of practical examples and the clarification of consent expectations. However, the new rules also mean organisations can no longer rely on vague cookie banners or ignore tracking tools outside of traditional cookies.
FAQs: PECR & Cookies (Post-DUAA)
Do I still need consent for cookies after the DUAA?
Yes. Consent is still required unless one of the exceptions applies.
What are the exceptions to the cookie rules?
You don’t need consent if the cookie is strictly necessary for a service explicitly requested by the user. The full list of five exceptions is detailed in the ICO guidance.
Are analytics cookies exempt from consent?
No. Analytics cookies are not exempt and still require valid user consent.
Can I use cookie walls to force users to consent?
Generally no. The ICO considers this practice to be non-compliant if users aren’t given a genuine choice.
What’s changed for online advertising?
The ICO now expects clearer, more specific consent for targeting and profiling, with examples of good and bad practice.
Does this guidance apply to mobile apps as well?
Yes. Any app storing or accessing data on a user’s device must follow PECR rules.
What happens if we don’t comply?
You could face ICO enforcement, including audits, fines, or formal reprimands
Need help navigating PECR and cookies?
At Data Protection People, we help organisations:
- Audit their tracking technologies
- Redesign cookie consent mechanisms
- Create compliant privacy and cookie policies
If you’re not sure whether your current approach is compliant, we’re here to support you.
Contact our consultancy team for help embedding these updates into your website, app or ad campaigns.