Regie is a legal consultant at Sprintlaw. She has experience across law and tech start-ups, while still completing her Bachelor of Laws and Bachelor of Commerce at UNSW.
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If your website uses cookies (and most do), you're not just dealing with a "tech" issue - you're dealing with a legal one too.
Cookies can be incredibly useful for running a modern website. They help you remember users, measure performance, run ads, and improve conversions. But because cookies can involve processing personal data (and tracking behaviour), UK privacy laws often require you to be upfront about what you're doing and, in many cases, get consent before cookies are placed.
That's why having a clear Cookie Policy - and setting up your cookie banner and consent process properly - matters. It's a straightforward step that can help you build trust, reduce complaints, and avoid avoidable compliance headaches later.
What Counts As A Cookie (And Why The Law Cares)
In plain terms, a cookie is a small text file stored on a user's device when they visit your website. Cookies can do lots of different jobs, such as:
- Remembering preferences (like language or accessibility settings)
- Keeping users logged in (session cookies)
- Measuring website usage (analytics cookies)
- Tracking behaviour across websites for advertising or retargeting (marketing cookies)
From a legal perspective, cookies matter because they can:
- access information stored on a user's device, and/or
- be used to identify someone directly or indirectly (which can become personal data under UK GDPR)
In the UK, cookie compliance usually sits across two key legal regimes:
- Privacy and Electronic Communications Regulations (PECR) - these rules specifically cover storing or accessing information on a user's device (including cookies), and typically require consent for non-essential cookies.
- UK GDPR + Data Protection Act 2018 - these rules govern how you process personal data, including data collected via cookies (like IP addresses, unique identifiers, behavioural profiles, and device data).
It's common for businesses to think "cookies are just a website thing", but regulators (and customers) increasingly treat cookie compliance as a core privacy obligation.
Do You Actually Need A Cookie Policy In The UK?
If your website uses any cookies beyond what's strictly necessary to deliver the service the user requested, you'll usually need:
- a properly implemented cookie consent mechanism (often a banner or pop-up), and
- a Cookie Policy that explains what cookies you use, why you use them, and how users can manage them.
Even if you only use "basic" tools like Google Analytics, you're still likely using cookies or similar tracking technologies. And if you use:
- Meta Pixel
- Google Ads conversion tracking
- affiliate tracking
- heatmaps or session replay tools
- embedded content (like YouTube videos, social media embeds, or certain map tools)
?your site may be placing third-party cookies and collecting behavioural data in ways that require consent.
It's also worth noting that "cookie policy" isn't just about ticking a compliance box. It's a practical way to clearly tell your users what's happening when they browse your site - especially if your marketing strategy relies on tracking and retargeting.
In most cases, your Cookie Policy should work alongside your broader Privacy Policy, because cookies often involve collecting and processing personal data.
Essential Cookies Vs Non-Essential Cookies (And What This Means For Consent)
A lot of cookie compliance comes down to one key question:
Is the cookie strictly necessary?
Under PECR, you generally need a user's consent to store or access cookies on their device unless the cookie is "strictly necessary" to provide the service they asked for.
Examples Of Cookies That May Be Strictly Necessary
- cookies that keep items in a shopping cart
- cookies that enable secure login and account authentication
- cookies that support payment processing and fraud prevention
- cookies that balance server load for core site functionality
- cookies that store a user's cookie preferences (so you remember what they chose)
These cookies may not require consent, but you still need to be transparent about them (which is where a Cookie Policy helps).
Examples Of Cookies That Usually Need Consent
- Analytics cookies (tracking user behaviour for performance insights)
- Advertising / marketing cookies (building profiles, retargeting, ad measurement)
- Personalisation cookies (where they go beyond what's strictly necessary)
- Third-party embed cookies (video players, social widgets, etc.)
Where consent is required, it needs to be meaningful. In practice, that usually means:
- no non-essential cookies fired until the user opts in (not "by continuing to browse")
- clear choices (for example, Accept / Reject, with granular category options where relevant)
- no dark patterns (making it hard to refuse, hiding reject buttons, etc.)
- the ability to change consent later
If you're collecting cookie-based personal data and using it for marketing communications, you also need to think about how this interacts with direct marketing rules. For example, if you use email marketing, you'll often need to consider whether the soft opt-in applies (or whether you need express marketing consent).
What A Good Cookie Policy Should Include (2026 Checklist)
A Cookie Policy is not just a generic paragraph at the bottom of your site. Done properly, it should reflect what your website actually does.
In 2026, a strong Cookie Policy will usually include the following core pieces.
1) What Cookies Are (In Plain English)
Start with a short explanation of what cookies are and why they're used. Keep it user-friendly - your audience is everyday website visitors, not lawyers or developers.
2) The Categories Of Cookies You Use
Most businesses group cookies into categories, such as:
- Strictly Necessary
- Performance / Analytics
- Functional
- Marketing
The categories you use in your Cookie Policy should match the categories in your cookie banner/consent tool.
3) A Cookie Table (What Cookies, Who Sets Them, Why, And How Long)
This is one of the most important parts to get right - and one of the easiest parts to get wrong if you copy a template.
A practical cookie table often includes:
- Cookie name
- Provider (your business or a third party)
- Purpose
- Category (necessary / analytics / marketing etc.)
- Expiry (session / persistent, and how long)
If you don't know what cookies your site is using, you can run a scan (many consent tools include one), or ask your web developer to confirm what is installed on each page template.
4) How Users Can Control Cookies
Your Cookie Policy should explain how users can manage cookies, including:
- using your cookie banner/settings tool to update preferences
- browser settings to block or delete cookies
- device-level controls (where relevant)
Don't promise something you can't deliver - if your website doesn't currently let users re-open cookie settings, you'll want to fix that rather than glossing over it in the policy.
5) How Cookies Relate To Personal Data
If your cookies collect personal data (or data that becomes personal data when combined with other information), your Cookie Policy should align with your Privacy Policy. This is where you explain, at a higher level:
- what personal data you may collect via cookies
- the purposes you use it for (e.g. analytics, marketing, improving services)
- who you share it with (including third-party providers)
In many cases, your Cookie Policy will link out to your Privacy Policy for the fuller explanation, but the two documents need to be consistent.
If you use processors (for example, analytics platforms, CRM tools, marketing platforms), your contracts and privacy governance should also support what you're doing publicly. For some businesses, this can include putting a Data Processing Agreement in place with key providers.
Cookie Banners, Consent Tools, And Common Compliance Mistakes
A Cookie Policy is essential, but it's only half the picture. Regulators and customers won't just look at what you say in your policy - they'll look at what your site does.
Here are common issues we see when businesses try to set up cookies without a clear compliance plan.
Non-Essential Cookies Loading Before Consent
This is one of the biggest problems. If your analytics and marketing scripts load immediately (before a user makes a choice), then your cookie banner isn't really a consent tool - it's just a notice.
Practically, you may need your developer (or consent management platform) to configure scripts so that marketing and analytics tags are blocked until the user opts in.
"By Using This Site You Agree" Consent Language
Passive consent language is risky. The safer approach is active opt-in for non-essential cookies, with clear controls.
Hard-To-Find Reject Buttons (Or No Reject Button At All)
If your cookie banner makes "Accept" prominent but hides "Reject" behind multiple clicks (or doesn't include it), you may be setting yourself up for complaints.
A practical approach is to include:
- Accept All
- Reject All
- Manage Settings (for granular choices)
Cookie Policy Doesn't Match Reality
This usually happens when a business uses an old template, changes their marketing stack, or adds new plugins over time.
For example, you might update your website and add:
- a new booking tool
- a live chat tool
- a new checkout provider
Those tools can introduce additional cookies. If your Cookie Policy doesn't reflect them, you've now got a transparency gap - even if your intentions are good.
Not Treating Cookies As A Wider Website Compliance Issue
Cookie compliance sits alongside the rest of your website legal setup. Depending on your business, you may also need:
- strong Website Terms And Conditions (including user rules and liability protections)
- clear marketing permissions and unsubscribe processes
- internal rules for staff using company systems (particularly where tracking/monitoring tools are involved)
If you allow user accounts, user-generated content, or community features, it's also common to set expectations through a Acceptable Use Policy.
How To Keep Your Cookie Compliance Updated As Your Website Grows
Cookie compliance isn't something you do once and forget. Websites change constantly - new plugins, new analytics tools, new ad platforms, new embedded content.
So, what's a realistic approach for small businesses that are time-poor but want to do this properly?
Run A Regular Cookie Audit
Set a calendar reminder to review cookies at least:
- every 6?12 months, and
- whenever you add a new marketing/analytics tool or site plugin
A cookie audit can include:
- scanning your site for cookies and trackers
- confirming what each cookie does (and whether it's essential)
- checking expiry periods
- updating your Cookie Policy table
- testing your banner to confirm non-essential cookies are blocked until consent
Keep Your Cookie Policy And Privacy Policy In Sync
If your Cookie Policy says you use cookies for marketing or analytics, your Privacy Policy should reflect:
- the kinds of personal data collected
- your lawful bases (where relevant under UK GDPR)
- third-party sharing (including cross-border transfers if applicable)
- retention periods, where appropriate
This is especially important if you scale your marketing efforts or start doing more advanced targeting.
Be Careful With "New Features" That Quietly Add Trackers
Some common additions that can change your cookie footprint overnight include:
- embedding social media feeds
- adding third-party booking widgets
- running A/B testing tools
- installing session replay tools
It's not that you can't use these tools - it's just that you should treat them as a legal/compliance change as well as a website change.
Make Sure Your Team Knows The Rules
If multiple people in your business can edit your website (or add marketing tags), it's worth having a simple internal rule: no new trackers or plugins without checking privacy impact first.
For businesses with employees, contractors, or agencies managing marketing, it can also help to ensure your agreements clearly allocate responsibility for compliance and approvals - particularly if third parties are installing scripts or running campaigns.
And if you're using online subscription models, tracking for cancellations and renewals can create extra privacy touchpoints, so it's worth keeping your broader compliance house in order too (for example, making sure your terms align with auto-renewal expectations).
Key Takeaways
- A Cookie Policy helps you meet transparency expectations and supports compliance when your website uses cookies and tracking technologies.
- Under PECR, you generally need consent for non-essential cookies (like analytics and marketing cookies), and you should avoid loading them before the user opts in.
- Your Cookie Policy should reflect what your website actually does, including a clear cookie table with cookie names, purposes, providers, categories, and expiry periods.
- Cookie compliance usually overlaps with UK GDPR obligations, so your Cookie Policy should align with your Privacy Policy and your broader data handling practices.
- As your website grows and changes, you should regularly audit cookies, update your policy, and test your cookie banner to ensure consent choices work in practice.
If you'd like help putting a Cookie Policy in place (or checking whether your cookie banner and website setup are compliant), you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.
Official Sources to Check
Rules and regulator guidance can change. Check the current official material most relevant to this issue before relying on the article:
Get your customer-facing terms right
What should your privacy and online terms cover?
If you collect customer data, sell online or run marketing campaigns, your public terms and privacy documents should match the real customer journey.
Regie Anne GardoceLegal Transformation Lead
