The Information Commissioner’s Office has launched a consultation on a new enforcement approach aimed at supporting privacy-first advertising models. The proposed framework could allow certain low risk, non intrusive advertising practices to operate without consent, where appropriate, under the Privacy and Electronic Communications Regulations (PECR).
The ICO emphasises that consent remains essential for profiling and targeted advertising. However, it recognises that not all advertising involves the same level of privacy risk. The new approach seeks to distinguish between high risk tracking practices and simpler, contextual advertising models that may not require the same regulatory response. Do you think the term “high risk” leaves space for ambiguity?
Stephen Almond, Executive Director of Regulatory Risk, stated that this move is about removing unnecessary barriers to innovation whilst maintaining strong privacy protections. The consultation asks stakeholders to share views on how the ICO should prioritise its enforcement efforts and support organisations in developing responsible alternatives to intrusive tracking.
Submissions are open until 29 August 2025. The final enforcement approach and updated guidance is expected in early 2026.
This marks a significant moment in the UK’s regulation of online advertising, with the ICO encouraging collaboration to reshape digital marketing in a way that respects individuals’ rights and builds public trust.
