Skip to main content

Issue October 2026

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. 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. 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. 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. 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.

Where a less healthy product ad can still run in the UK
MediaStatus from 5 January 2026
Paid online (search, social, display, online video)Not permitted
TV and on-demand, 5:30am to 9pmNot permitted
TV and on-demand, 9pm to 5:30amPermitted, subject to other Code rules
Online audio servicesExempt from the online restriction
Out-of-home, print, cinemaOutside 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

  1. Statement on the commencement of the Data (Use and Access) Act (DUAA), Information Commissioner's Office, accessed
  2. The Data (Use and Access) Act: PECR reform, rules on electronic marketing and cookies in the UK, Mayer Brown, accessed
  3. CAP and BCAP regulatory statement: less healthy food and drink advertising, Advertising Standards Authority / CAP, accessed
  4. Less healthy products (LHF): general, Advertising Standards Authority / CAP, accessed
  5. Note to broadcasters: less healthy food and drink restrictions, Ofcom, accessed
  1. Cross-industry, United Kingdom

    How consent shapes UK and EEA measurement

    In the UK, the EEA and Switzerland, advertising cookies and similar identifiers need consent, and Google sets its own consent-management requirements for ads served there. The commercial effect is that a share of conversions is never observed directly. Advertisers who plan for that gap, with a working consent banner, modelled conversions and first-party outcome data, report stable numbers. Those who discover it after launch see a sudden drop in reported conversions and often cut the wrong campaigns.

    Google Ads, Meta Ads

  2. Cross-industry, Ireland

    Ireland’s advertising rules in 2026

    Irish advertisers face a mix of national and EU changes. Alcohol advertising on television has been restricted between 3am and 9pm since January 2025, while mandatory alcohol health labels were deferred from May 2026 to September 2028. Coimisiún na Meán opened its first formal investigation under the Online Safety Code in September 2026. EU rules on political advertising and on AI-generated content now apply as well.

    Meta Ads, Google Ads, TV advertising, Radio advertising

  3. Cross-industry, Austria

    Austria’s ad taxes and rules in 2026

    Austria taxes advertising twice over, by channel. The 5% Werbeabgabe applies to print, broadcast and outdoor advertising, while large online advertisers pay a 5% Digital Tax on online advertising received in Austria. RTR figures show Digital Tax revenue up about 25% in the first seven months of 2026 while Werbeabgabe revenue fell about 8%, a sign of budget moving online. EU rules on political advertising and AI-generated content also apply.

    Google Ads, Meta Ads, Out-of-home, TV advertising

Turn the briefing into a plan for your account

Build Your Plan scores each channel for your market, industry, goal and budget, and shows service, setup and media costs on separate lines.

Build your planContact