UK Data Act Creates Game-Changing Cookie Exemption for Affiliate Marketing

The Data (Use and Access) Act 2025 introduces potentially revolutionary changes to affiliate tracking – but only for those who adapt their approach

The UK’s Data (Use and Access) Act has officially received Royal Assent, marking what could be the most significant development for affiliate marketing since the ICO’s clarification on cashback tracking cookies. While implementation will be phased between now and June 2026, the Act introduces a crucial exemption that could transform how affiliate marketers approach tracking and conversion attribution.

The breakthrough lies in new wording that permits cookies “for the sole purpose of enabling a service provider to collect information for statistical purposes about how their online service is used.” This exemption could fundamentally change the consent landscape that has constrained affiliate marketing for years.

The Current Constraint on Revenue

Under existing PECR and GDPR regulations, consent requirements have created substantial friction in the affiliate ecosystem. Industry sources estimate that hundreds of millions of pounds in legitimate commission are lost annually due to users declining cookie consent or abandoning the purchase journey when confronted with complex consent mechanisms.

This challenge has become increasingly acute as data privacy concerns reshape the affiliate marketing industry. The combination of browser-led cookie restrictions and regulatory pressure has forced affiliates to navigate increasingly complex compliance frameworks while trying to maintain attribution accuracy.

What the New Exemption Actually Means

The Act doesn’t immediately solve affiliate marketing’s consent challenges, but it opens a pathway for those willing to adapt their tracking methodologies. For the exemption to apply, affiliate tracking would need to demonstrate several key characteristics:

Data minimisation becomes paramount. Traditional affiliate tracking that collects extensive user profiling data wouldn’t qualify under the statistical exemption. Instead, tracking would need to focus purely on attribution metrics necessary for commission calculation.

Aggregation and anonymisation will be essential. The exemption likely requires that individual user journeys aren’t reconstructed for marketing purposes beyond the immediate transaction attribution.

Easy opt-outs must be provided. Even under the exemption, users need clear information about data collection and straightforward mechanisms to decline tracking.

Purpose limitation applies strictly. The tracking must genuinely serve statistical purposes rather than broader marketing intelligence gathering.

Industry Response and Implications

The Affiliate & Partner Marketing Association (APMA) has noted that while enforcement of non-compliance is likely to increase significantly, the new law does “open the door for a more proportionate approach for affiliate marketing business models where there is a lower risk to people’s privacy.”

This measured optimism reflects the complex reality facing the industry. On one hand, the Act raises maximum PECR fines to GDPR levels – potentially £17.5 million or 4% of global turnover. This dramatic increase from the previous £500,000 maximum puts affiliate marketing compliance firmly in the spotlight.

On the other hand, the statistical exemption could enable more sophisticated attribution models that work within privacy-first frameworks. Basic analytics like Google Analytics may now operate without cookie banners, provided users are properly informed and can easily opt out.

The Technical Challenge Ahead

The exemption’s potential won’t be realised automatically. Current affiliate tracking implementations often involve extensive data collection that goes well beyond pure attribution needs. To qualify for the exemption, the industry will need to develop new tracking methodologies that:

• Focus exclusively on conversion attribution rather than user profiling
• Implement robust data minimisation practices
• Provide genuine statistical value rather than detailed individual tracking
• Offer transparent opt-out mechanisms that don’t disrupt the user experience

This technical evolution aligns with broader trends in the industry. As we’ve noted in our analysis of UK affiliate marketing developments in 2025, the sector is already shifting toward first-party data strategies and privacy-compliant tracking methods.

A Precedent for Global Change

While the Data (Use and Access) Act applies specifically to the UK, its impact could resonate globally. The UK’s approach to balancing innovation with privacy protection is being closely watched by other jurisdictions grappling with similar challenges.

The timing is particularly significant given ongoing developments in EU data protection law and the upcoming adequacy decision review. The European Commission has extended the UK’s adequacy status until December 2025, providing time to assess whether these changes affect EU citizens’ data protection rights.

Strategic Recommendations for Affiliates

Immediate actions should include auditing current tracking implementations to identify which elements might qualify under the statistical exemption. This means separating pure attribution tracking from broader marketing data collection.

Partnership discussions become crucial. Affiliate networks and advertisers need to collaborate on developing exemption-compliant tracking solutions. The technical specifications required aren’t yet fully defined, making early coordination essential.

Legal guidance is advisable. While the exemption creates opportunities, the specific requirements for compliance remain somewhat ambiguous. Professional legal advice will be crucial for implementing qualifying tracking systems.

International considerations matter. For affiliates operating across multiple jurisdictions, understanding how UK changes interact with EU and US privacy laws will be essential for maintaining global compliance.

The Broader Context

This development occurs against a backdrop of increasing regulatory scrutiny across the digital marketing ecosystem. Recent changes include the UK’s ban on advertising for high-fat, salt and sugar products and ongoing developments in the EU’s Digital Fairness Act.

However, unlike purely restrictive measures, the Data Act’s statistical exemption represents a recognition that certain forms of data collection serve legitimate business purposes without compromising individual privacy.

Looking Forward

The Data (Use and Access) Act doesn’t guarantee a revolution in affiliate tracking, but it provides the legal framework for significant innovation. Success will depend on the industry’s ability to develop tracking methodologies that genuinely serve statistical purposes while maintaining the attribution accuracy that makes affiliate marketing viable.

For affiliates who have struggled with conversion loss due to consent friction, this represents the first meaningful regulatory pathway toward more balanced privacy compliance in years. The challenge now lies in translating legal possibility into technical reality.

The coming months will be crucial as secondary legislation clarifies implementation details and industry stakeholders work to develop compliant tracking solutions. For an industry that has long navigated complex privacy requirements, the Data Act offers both opportunity and obligation – the chance to innovate within a clearer regulatory framework, but only for those willing to fundamentally rethink their approach to user tracking.

More information about this story can be found on the ICO website