Cookie and storage exemption audit

Screening Electronic communications

Screen each cookie, pixel, SDK or similar technology against the PECR consent rule and its Schedule A1 exceptions. Run it once per technology.

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Exceptions (tick the one that applies, if any) Used solely to carry out the transmission of a communication over a network PECR Sch A1 para 3 Strictly necessary to provide an online service the user has requested PECR Sch A1 para 4 Not for advertising, and not because it is useful to the business. Collects information for statistical purposes about how the service is used, to improve it PECR Sch A1 para 5 (in force 2026-02-05) Adapts the appearance or function of the website to the user's preferences PECR Sch A1 para 6 (in force 2026-02-05) Used to locate the user in an emergency to provide assistance PECR Sch A1 para 7 (in force 2026-02-05)

Conditions to check

Both exceptions need clear and comprehensive information about the purpose and a simple, free means to object. The statistical exception covers aggregate statistics to improve your own service, shared with a third party only to help with that; the appearance exception covers adapting how the service looks or works to the user's preferences. Neither covers tracking individuals, tailoring content to inferred interests, or advertising.

Clear and comprehensive information given about the storage or access and its purpose PECR reg 6 Where the exception requires it, a simple and free means to object is offered PECR Sch A1 paras 5 and 6 Information collected under the statistical exception is not shared or used for other purposes beyond what the exception allows PECR Sch A1 para 5 Third-party scripts checked: you are responsible if you instigate the storage or access PECR reg 6 (as amended by DUAA 2025)

Result: Tick the items that apply.

Where this applies

PECR

Sources

Primary Privacy and Electronic Communications (EC Directive) Regulations 2003 legislation.gov.uk
Primary Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/82) legislation.gov.uk