ICO invites views on their approach to regulating online advertising
The ICO has asked for input into a new review on their “approach to enforcement of the Privacy and Electronic Communications Regulations (PECR) regulation 6 consent requirements”. In an effort to consider opportunities for commercially viable advertising models that “can support innovations to improve consumer privacy and boost economic growth”, they are seeking stakeholder input. In particular this revolves around delivering online advertising to those who have not granted consent where there is a low risk to privacy.
They say “in our view, there are likely to be commercially viable ways to deliver online advertising that don’t involve the scale and granularity of processing often undertaken with behavioural advertising. A new approach to regulation can create opportunities to unlock business growth through innovation, while safeguarding people’s privacy and improving user experience.
Provided users have a clear understanding that services appearing to be ‘free’ are funded by advertising, they may accept some storage and access of information for functions to deliver that advertising. However, they may not accept the scale and granularity of processing often currently undertaken when they grant consent”.
In early 2026, the ICO indicate that it will publish a statement “identifying advertising activities that are unlikely to trigger enforcement action under PECR:
Additionally, the ICO has launched an updated consultation on their Storage and Access Technologies (SATs) guidance, which has been revised to reflect changes introduced by the new Data (Use and Access) Act 2025. The Act permits consent-free use of cookies for certain low-risk functions, such as statistical analysis and website improvement. This will run until 26 September 2025.
Posted on 07/14/2025 by Ortolan
