UK advertising rules in 2026
Two changes reshape UK advertising in 2026. The Data (Use and Access) Act lets sites set some analytics cookies without consent, while PECR fines rose to £17.5 million or 4% of global turnover from 5 February 2026. Since 5 January 2026, ads for identifiable less healthy food and drink are barred from paid online media and from TV and on-demand services between 5:30am and 9pm. Brands that adjust tagging and media plans early keep their measurement and their reach; brands that wait risk fines or rejected copy.
Executive findings
- 1
Most remaining data protection provisions of the Data (Use and Access) Act came into force on 5 February 2026, and the ICO can now fine up to £17.5 million or 4% of global turnover under PECR.
Documented: official source. Scope: United Kingdom; ICO statement of 5 February 2026, as of . [1]
- 2
The Act removes the consent requirement for some non-essential cookies, such as statistical cookies used to improve a service; the EU has not relaxed its cookie rules.
Secondary source. Scope: United Kingdom; law firm analysis of the DUAA, as of . [2]
- 3
From 5 January 2026, ads for identifiable less healthy food and drink cannot appear on TV or on-demand services between 5:30am and 9pm, or in paid online media at any time.
Documented: official source. Scope: United Kingdom; CAP and BCAP regulatory statement, as of . [3]
- 4
The ASA published its first rulings under the less healthy food rules in April 2026, applying the identifiability test and the brand advertising exemption.
Documented: official source. Scope: United Kingdom; ASA advice online, as of . [4]
Method and limitations
- Question
- Which UK legal and regulatory changes in 2026 alter how advertisers buy and measure media?
- Written for
- Marketing leads and agencies buying UK media.
- Decision at stake
- What to change in consent set-up, food and drink media plans and creative before the next campaign.
- Sources
- ICO statements on the Data (Use and Access) Act, a law firm analysis of the PECR changes, CAP and BCAP regulatory statement on less healthy food advertising, ASA advice and Ofcom guidance to broadcasters.
- Period
- Official and legal sources as published and opened on 18 October 2026.
- Markets
- United Kingdom.
- Definitions
- PECR: the Privacy and Electronic Communications Regulations, which govern cookies and electronic marketing.
- Less healthy food and drink (LHF): HFSS products that fall into one of 13 government-defined categories.
- Limitations
- ICO guidance on the higher PECR fines was still in preparation when we checked.
- This is not legal or tax advice. Confirm obligations for your business with qualified counsel in the market.
Cookies: some relief, much higher penalties
Documented: official source
The Data (Use and Access) Act received Royal Assent on 19 June 2025. The ICO confirmed that most remaining data protection provisions commenced on 5 February 2026, with the complaints-procedure duty following on 19 June 2026.
The Act allows certain non-essential cookies without consent, for example statistical cookies used to improve a site. Advertising cookies and cross-site profiling still need consent. At the same time the maximum PECR fine moved from £500,000 to £17.5 million or 4% of global annual turnover.
- Separate aggregate analytics from advertising tags in the consent tool.
- Keep an opt-out for exempt analytics and explain it in the cookie notice.
- If you also trade in the EU, keep EU consent rules on EU traffic: they did not change.
Less healthy food and drink: a new media map
Documented: official source
From 5 January 2026 the UK Advertising Codes prohibit ads for identifiable less healthy food and drink products on television and on-demand programme services between 5:30am and 9pm, and in paid online media at any time. Ofcom is the statutory backstop; the ASA enforces day to day.
The law exempts several areas, including business-to-business advertising, ads not addressed to people in the UK, and audio ads in online audio services. The ASA guidance also sets out a brand advertising exemption for ads that do not show an identifiable less healthy product.
| Media | Status from 5 January 2026 |
|---|---|
| Paid online (search, social, display, online video) | Not permitted |
| TV and on-demand, 5:30am to 9pm | Not permitted |
| TV and on-demand, 9pm to 5:30am | Permitted, subject to other Code rules |
| Online audio services | Exempt from the online restriction |
| Out-of-home, print, cinema | Outside these restrictions; other HFSS placement rules still apply |
Where we see opportunity
FOCUSADS view
Brands with HFSS ranges can keep reach through brand-led creative, late-evening TV, audio and out-of-home, and move product-led activation to retail and in-store media where the rules allow. Advertisers who rebuild consent so that aggregate analytics run for every visitor gain a cleaner baseline for measuring paid media, because traffic data no longer disappears when a visitor declines advertising cookies.
How FOCUSADS applies this
FOCUSADS view
UK plans run a consent check and, for food and drink clients, a less healthy product screen before any channel receives budget. Channels that cannot carry a product ad are removed from the plan with the reason shown.
How this connects to our method: How FOCUSADS screens channels by market
References
- Statement on the commencement of the Data (Use and Access) Act (DUAA), Information Commissioner's Office, accessed
- The Data (Use and Access) Act: PECR reform, rules on electronic marketing and cookies in the UK, Mayer Brown, accessed
- CAP and BCAP regulatory statement: less healthy food and drink advertising, Advertising Standards Authority / CAP, accessed
- Less healthy products (LHF): general, Advertising Standards Authority / CAP, accessed
- Note to broadcasters: less healthy food and drink restrictions, Ofcom, accessed