Tag: analytics cookies
Cookies are a core part of modern web design. They keep your shopping cart items in place, remember your language preference and help websites understand how visitors use their pages. Yet cookies also raise significant privacy concerns. In the United Kingdom, the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications Regulations (PECR) govern how organisations can deploy cookies. The forthcoming Data (Use & Access) Act 2025 (DUAA) strengthens these rules, making cookie compliance even more important for small and medium-sized enterprises (SMEs). This guide explains the types of cookies, why consent matters and how to align your practices with the law.
What Are Cookies and Why Do They Matter?
A cookie is a small text file placed on your device when you visit a website. Cookies help sites function properly, remember your preferences and understand how visitors interact with the site. For businesses, cookies enable analytics, personalise content and support targeted advertising. However, they also collect personal information such as IP addresses, device identifiers and browsing behaviour. Because this data can sometimes identify a person, it is subject to data protection laws.
The UK GDPR recognises that cookies involve processing personal data. Under PECR, organisations must obtain consent before storing or accessing information on a user’s device, except where the cookie is strictly necessary for the service requested by the user. Non-essential cookies – including those used for analytics, functionality and marketing – require valid consent. With regulators imposing higher fines and the DUAA raising the bar for accountability, SMEs cannot ignore these obligations.
Categories of Cookies
Understanding the different types of cookies helps you determine which require consent and how to communicate their purpose. The main categories are:
- Strictly Necessary Cookies: These are essential for the website to function, for example for security and load balancing. They do not require user consent but must still be explained in your cookie notice.
- Performance or Analytics Cookies: These cookies collect data about how visitors use your site, such as which pages they visit and how long they stay. Tools like Google Analytics fall into this category. Because they are not essential, you need consent before placing them.
- Functionality Cookies: These remember user preferences and settings, such as language or region. They enhance the user experience but are not strictly necessary, so consent is required.
- Marketing or Advertising Cookies: These track users across websites to display relevant ads and measure campaign performance. They often involve third parties and require explicit consent.
Knowing which cookies you use and why you use them is the first step towards compliance.
Consent Requirements Under UK GDPR
Consent under the UK GDPR must be freely given, specific, informed and unambiguous. Pre-ticked boxes, implied consent or bundling consent with other terms are not allowed. Users must understand what they are agreeing to and should be able to withdraw consent as easily as they give it. Your cookie banner should clearly state the categories of cookies, allow users to accept or reject each type and link to a detailed cookie policy.
Your cookie notice should explain what cookies are, list the cookies used on your site and describe their purpose, expiry and whether they are set by you or a third party. Athlex’s cookie notice outlines plans to provide a full list of cookie names, purposes and expiry dates. It also reminds users that they can manage preferences via the cookie banner or browser settings. Providing this level of detail helps build trust and meets regulatory expectations.
New Rules Under the DUAA 2025
The Data (Use & Access) Act 2025 introduces stricter requirements for cookie consent. The Act clarifies that cookie banners must be clear and separate from other requests. It confirms that pre-ticked boxes and implicit consent are not acceptable and that users must have a genuine choice and be able to withdraw consent as easily as they give it. These rules reinforce existing UK GDPR principles but emphasise enforcement. SMEs should audit their cookie practices now to prepare for these changes.
Third-Party Cookies and Marketing
Many websites rely on third-party services for analytics, advertising or social media integration. Third-party cookies may be set by companies like Google, LinkedIn or Mailchimp. When you use these services, you remain responsible for informing users about the cookies and obtaining consent. You should list each third party in your cookie notice and link to their own privacy or cookie policies. The DUAA’s focus on electronic marketing rules means that organisations that send targeted ads must be especially careful to document and manage cookie consents.
How to Achieve Compliance
- Audit Your Cookies: Identify all cookies used on your site, their purposes and whether they are first- or third-party. Pay special attention to scripts and plugins that may add cookies without your knowledge.
- Update Your Cookie Policy: Ensure your cookie policy is comprehensive and up to date. Use clear language to describe each cookie category and its purpose. Provide information about how users can manage their preferences and withdraw consent.
- Implement a Consent Management Platform: Use a compliant cookie banner that allows users to accept or reject cookies by category. The banner should not obstruct access to strictly necessary services and should not disappear until the user makes a choice.
- Record Consent: Keep records of user consent, including time stamps and the version of your cookie policy in place at the time. This documentation is essential if regulators investigate your practices.
- Review Third-Party Services: Check that your third-party providers also comply with the UK GDPR and DUAA. You may need to update contracts to ensure they assist with consent management and honour users’ choices.
- Monitor Changes: Cookie laws evolve. Follow updates from the Information Commissioner’s Office and review your cookie practices regularly. The DUAA is being rolled out in stages, so more guidance is expected in the coming months.
Benefits of Compliance
Beyond avoiding fines, strong cookie compliance improves user trust. Transparent communication about how you use data shows that you respect privacy. It can also improve the quality of your analytics because users who knowingly opt in are more engaged. Finally, compliance helps future-proof your business as regulators around the world tighten privacy rules.
Conclusion
Cookies are powerful tools that enhance websites but must be used responsibly. For SMEs, the combination of UK GDPR, PECR and the upcoming DUAA 2025 means that cookie compliance is no longer just a technical issue – it is a strategic imperative. By auditing your cookies, updating your policies, obtaining valid consent and keeping clear records, you can meet regulatory requirements and build lasting customer trust. Now is the time to get your cookie house in order before the new rules take effect.
