Cookie banner check: which website cookies no longer need consent, and which still do
Since the Data (Use and Access) Act, some analytics cookies can run without consent if they meet the ICO's conditions. A 30-minute check of your own site, with a checklist.
Cookie banner check: which website cookies no longer need consent, and which still do
By Jason Sibley
Your cookie banner may predate the rule changes. Some cookies may now be exempt; others may need consent. This is general information, not legal advice. Ask a solicitor or a data protection adviser if unsure.
What changed
The Data (Use and Access) Act 2025 (DUAA) amends PECR's cookie rules. The ICO's DUAA guidance for organisations explains that it also amends UK GDPR and the Data Protection Act 2018, without replacing these laws. Some statistical and website functionality cookies can now be used without consent.
The ICO finalised its guidance on the use of storage and access technologies (cookie