The Information Commissioner’s Office (ICO) has launched a public call for views that could influence the future of online advertising in the UK. The proposals aim to strike a balance between preserving user privacy and enabling businesses to maintain revenue streams.

This consultation relates specifically to how the ICO enforces Regulation 6 of the Privacy and Electronic Communications Regulations (PECR). This regulation currently requires websites to obtain user consent before storing or accessing data used for online advertising technologies.

A Risk-Based Alternative Approach

The ICO is inviting input on a potential shift towards a risk-based enforcement model, which could allow advertising to be shown to users without explicit consent in cases where the privacy risk is minimal.

It’s important to note that this does not represent a retreat from requiring consent where personal data is used for ad targeting – that core principle remains intact. Rather, the goal is to facilitate innovation by supporting privacy-conscious alternatives that still allow for monetisation.

Traditionally, online advertising relies heavily on processing personal information to enable behavioural targeting. However, the ICO has questioned whether this level of data use is always necessary.

Stephen Almond, Director of Regulatory Risk at the ICO, commented: “Online advertising doesn’t have to come at the expense of privacy… Our role isn’t to dictate how that’s done – it’s to remove unnecessary regulatory barriers and open the door to responsible innovation.”

Updated Cookie Guidance Under New Legislation

In parallel, the ICO has also released an updated consultation on its Storage and Access Technologies (SATs) guidance. This reflects new allowances introduced by the Data (Use and Access) Act 2025, which now permits the consent-free use of cookies for specific low-risk purposes – for example, collecting anonymous data to improve website performance.

What This Means for Businesses

For organisations running websites – particularly those using cookies solely for analytics or performance testing – these changes may offer a more streamlined path to compliance.

If your business is involved in digital publishing, online advertising, or uses cookies to enhance user experience, now may be an ideal time to review your practices. Could your advertising model be adapted to use lower-risk, privacy-preserving alternatives?

The ICO is also conducting further research into public opinion around consent and online tracking, which will help shape its final position.

Consultation Deadlines

  • The consultation on the ICO’s proposed online advertising enforcement approach closes on 29 August 2025.

  • The consultation on the revised SATs guidance will remain open until 26 September 2025.

Both consultations will inform the ICO’s finalised guidance and a formal policy statement, expected in early 2026.

👉 Read more and respond to the consultation here:


https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2025/07/ico-opens-door-to-privacy-first-advertising-models-with-proposed-new-enforcement-approach