Cookies · UK · PECR · Data (Use and Access) Act 2025

UK Cookie Rules in 2026: When Analytics No Longer Needs Consent, and What Still Does

The UK changed its cookie rules in 2026. Statistics-only analytics can now run without consent, as long as visitors are told and can easily opt out. Advertising and session replay still need consent, and the maximum fines went up. Here is how to use the change without getting it wrong.

SafeLaunch Research 4 min read

The short answer

Since 5 February 2026, the Data (Use and Access) Act 2025 lets UK websites set analytics cookies without consent when they are used only to produce statistics, visitors are told about them and can easily opt out. Advertising, session replay and analytics tools that use the data for their own purposes still need consent, and PECR fines now reach UK GDPR levels.

Key takeaways

  • The UK exemption covers analytics used only to produce statistics about your own service, with clear information and an easy opt-out.
  • Advertising pixels, retargeting and session-replay tools always need prior consent.
  • Analytics that also feeds advertising, or lets the vendor use the data for its own purposes, is outside the exemption.
  • The Data (Use and Access) Act 2025 raised PECR fines to UK GDPR levels.
  • The EU did not make the same change. If you have EU visitors too, EU rules still require consent for most analytics.
On this page
  1. 1. What changed in UK cookie law in 2026?
  2. 2. Does the same apply to EU visitors?
  3. 3. Does my analytics tool qualify for the UK exemption?
  4. 4. How do I test what my site actually loads?

01

What changed in UK cookie law in 2026?

Regulation 6 of the Privacy and Electronic Communications Regulations (PECR) requires consent before storing or reading information on a user's device, unless an exemption applies. The Data (Use and Access) Act 2025 added exemptions, which took effect on 5 February 2026. The one that matters most to websites covers analytics used only to produce statistics, provided users get clear information and a simple way to object.

UK cookie consent after 5 February 2026
Cookie or trackerConsent needed in the UK?What to do
Strictly necessary (login session, basket, security)NoExplain them in your cookie notice
Analytics used only for statistics about your siteNo, if users are told and can easily opt outDescribe them clearly and offer an opt-out
Analytics that also feeds ads, or that the vendor uses for its own purposesYesLoad only after Accept
Advertising and retargeting pixelsYesLoad only after Accept; stay off after Reject
Session replay and heatmapsYesLoad only after Accept
UK cookie consent after 5 February 2026

02

Does the same apply to EU visitors?

No. The EU's ePrivacy Directive Article 5(3) has no equivalent statistics exemption in its text, and most EU regulators still require consent for analytics, with narrow exceptions some national regulators allow for privacy-preserving audience measurement. A site with UK and EU visitors either keeps consent for analytics everywhere, or shows UK visitors an opt-out and EU visitors an opt-in.

03

Does my analytics tool qualify for the UK exemption?

  1. 01

    Is it used only to produce statistics about your own service?

    Counting visits, pages and conversions for improving the site qualifies in principle. Building audiences for ads does not.

  2. 02

    Does the vendor use the data for its own purposes?

    Check the vendor's terms and your settings. Data-sharing settings that let the vendor use data for its own products or advertising take you outside the exemption.

  3. 03

    Is it linked to advertising?

    Analytics connected to ad platforms for remarketing or ad personalisation needs consent.

  4. 04

    Do visitors get clear information and an easy opt-out?

    Your cookie notice must explain the analytics, and the opt-out must be simple and work.

04

How do I test what my site actually loads?

Labels on a banner don't prove behaviour. Open your site in a private window with the browser's network tab open, before clicking anything, then click Reject and reload. Every request to an ad or replay service before Accept is a finding. SafeLaunch paid audits automate this in clean sessions, before a choice, after Reject and after Accept. Read how the real-browser test works.

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FAQ

Frequently asked questions.

If you use advertising, session replay or analytics that doesn't meet the statistics exemption, yes: consent must come first. If you only use strictly necessary cookies and qualifying statistics-only analytics, you need clear information and an easy opt-out rather than a consent banner.

The Data (Use and Access) Act 2025 changes to PECR on cookie consent took effect on 5 February 2026.

The Data (Use and Access) Act 2025 raised PECR fines to UK GDPR levels: up to £17.5 million or 4% of worldwide annual turnover, whichever is higher.

No. EU visitors are covered by the ePrivacy Directive as implemented in each EU country, which still requires consent for most analytics.

Sources and further reading

This article is general information, not legal advice. SafeLaunch is automated software, not a law firm; a report records what was checked on one version and is not a certificate of compliance. Read the disclaimer.

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