New Cookie Law: Updates, Impacts, and How to Prepare

Published on:
January 29, 2024
Updated on:
January 29, 2024

The UK is set to reform its cookie legislation, aiming to enhance user experience and reduce reliance on consent boxes by allowing cookie preferences to be managed via browser settings. This article delves into what these changes mean for marketing teams.

The Data Protection and Digital Information Bill - key changes:

  • Simplifying Consent Requirements: The UK government is considering revising cookie consent requirements, potentially allowing analytics cookies without prior consent, akin to 'strictly necessary' cookies under current legislation.
  • Browser-level cookie settings: The reform may introduce a framework for users to set their cookie preferences at the browser level, thereby reduce website-specific consent popups.

The impact on marketing teams- the outlook:

  • Increase Analytics Cookie Usage: The opt-out model and revised consent requirements could lead to a surge in analytics cookie usage, reflecting a broader effort to streamline data protection while upholding high standards.
  • Adapting CMPs: Consent Management Platforms may need to evolve towards a more programmatic consent management approach.
  • Data Accuracy Challenges: With potential changes in cookie management, marketers might face challenges in data accuracy and granularity, especially if a significant number of users opt-out.
  • User behaviour modelling: Most analytics tools will already employ a level of user behaviour modelling to help to give analysts an idea of how users may be interacting with a website, even if they've opted out of analytics tracking. Our dependency on modelling may increase over the next few years.

Preparing for legislative updates

So, what can you do to prepare for the updates? Well, first of all, I'd suggest you connect with me on LinkedIn. You can also signup for my bulletin. No crappy sales stuff, just important updates on things like this. In terms of actions, here's what you could think about doing over the next few months:

  1. Be transparent about the data you use: With changes afoot, transparency in data processing is going to become essential- more on this in the coming days!
  2. Revamp your consent management practice: Adapting to the changing landscape by investing in tools that will enable you to align with the changing legislation will determine the future of your digital tracking performance.
  3. Explore alternative tech:: consider server-side, cookie-less and other alternative analytics technology to expand your understanding of your users and campaigns.
  4. Stay informed: Keep on top of these changes and seek professional help when working on compliance projects.

Legislation to watch

  • UK GDPR: Core to data privacy regulation in the UK, governing personal data processing.
  • Legitimate Interest: Allows data processing under certain conditions without explicit     consent.
  • Data Protection and Digital Information Bill: Aims to update the UK's data protection regime, including changes to cookie consent.
  • Privacy and Electronic Communications Regulations (PECR): Governs cookies and similar technologies in electronic communications.
  • ePrivacy Directive (EU): Influences UK regulations post-Brexit, especially in electronic communications and digital marketing.

There's lots to take in here so feel free to get in touch if you're interested in finding out more. And don't forget you can sign up to my bulletin to be kept up to date on this and other important updates on important updates to marketing legislation, technology, and lots more.

Keep your eye's peeled for more from me on this over the next few weeks and thanks for taking the time to read this far!

Andy Bentley
Freelance Performance Marketer

I'm a freelance marketing performance specialist with a keen focus on leading a data-first approach to marketing.