A New Era of Enforcement
The UK’s Information Commissioner’s Office (ICO) has entered a new era of assertive enforcement—putting the advertising ecosystem under intense scrutiny.
Understanding these regulatory developments is essential for advertisers, agencies, and publishers operating in the UK market. Here’s what you need to know about the key changes and how to stay ahead.
Sky Betting & Gaming Reprimand (September 2024)
SkyBet faced public reprimand for placing advertising cookies without valid consent between January and March 2023. This case established clear expectations for what constitutes valid consent:
- Freely given
- Specific
- Informed
- Unambiguous
The key takeaway here is significant: a compliant CMP is insufficient. Advertisers must actively audit cookie behavior and vendor integrations to ensure actual compliance, not just technical implementation.
Cookie Compliance Crackdown (January 2025)
The ICO expanded audits to the top 1,000 UK websites after discovering 67% of the top 200 sites failed cookie law requirements.
Common failures included:
- No clear “Reject All” button
- Pre-consent tracking
- Misleading or manipulative banner designs
Enforcement notices and fines up to £17.5 million or 4% of global turnover are now likely.
The programmatic risk here is clear: brands may purchase technically “brand-safe” inventory that’s legally non-compliant. Without active verification, advertisers inherit compliance liability from their supply chain.
Data (Use and Access) Act (June 2025)
This law updates how businesses use personal data under “legitimate interest.” Key changes include:
- More flexible use cases under legitimate interest
- Stricter documentation and fairness obligations
Advertisers must conduct Data Protection Impact Assessments (DPIAs) and prove processing is lawful and non-harmful. The burden of proof has shifted—claiming legitimate interest is no longer sufficient without documented justification.
What This Means for Advertisers
These regulatory developments create new obligations across the advertising supply chain:
- Self-certification is no longer acceptable—active verification is required
- Supply chain compliance directly impacts advertiser liability
- Documentation and audit trails are essential for demonstrating due diligence
- Real-time monitoring beats point-in-time audits
How to Stay Ahead
Organizations that want to remain compliant should focus on these areas:
Live Cookie Compliance Audits
Continuous monitoring of how cookies are deployed across your supply chain, not just at campaign launch.
Third-Party & CMP Verification
Independent verification that your consent management platform actually enforces user choices throughout the data flow.
Legitimate Interest Risk Profiling
Assessment of which processing activities genuinely qualify for legitimate interest under the new standards.
Compliance Scoring for Publishers & Inventory
Quantified risk assessment for every publisher in your buy, enabling informed inventory decisions.
Looking Forward
The ICO’s actions reflect a clear message: genuine, provable compliance through continuous verification and supply chain accountability is the new baseline expectation.
Organizations that treat compliance as a checkbox exercise face increasing regulatory and reputational risk. Those that embrace transparent, verifiable practices will find themselves better positioned in an evolving market.