UK GDPR PECR Cookies

Start by deciding whether the technology is a cookie or another similar technology that stores or accesses information on a user's device. Then decide whether it is non-essential and therefore needs consent, or whether it is strictly necessary to provide the service the user requested.

The ICO says you must tell people if you set cookies, explain what they do and why, and get consent by a clear positive action. The exemption is narrow and applies only where the cookie is essential, such as for a shopping basket or security in online banking.

Ownership should sit with the team that controls the processing purpose, system behavior, vendor terms, transfer mechanism, rights channel, breach process, or child-user journey.

Evidence should show role mapping, lawful basis, Article 9/10 basis where needed, transparency wording, DPIA outcome, DSAR response, breach assessment, transfer mechanism, processor terms, and ICO escalation note.

Most UK GDPR mistakes happen at the boundary between UK GDPR, DPA 2018, PECR, EU GDPR divergence, IDTA/Addendum transfer rules, children data, and processor/subprocessor duties.

Use this section before approving a new processing purpose, vendor, transfer, profiling flow, DSAR workflow, breach process, or child-facing product change.

Use a UK GDPR workflow that captures role, purpose, lawful basis, special-category status, DPIA trigger, rights/breach/transfer trigger, evidence, owner, and review date.

The output should be a lawful-basis note, DPIA decision, privacy notice update, DSAR record, breach assessment, transfer pack, processor clause map, or ICO response record.