Updated 18 September 2026. Originally published in 2017; revised to replace outdated advice and links.
A contact form, a mailing list and a cookie banner each do a different job. Treating them as one blanket permission can leave customers confused and your settings out of step with what your privacy information says.
Our 2017 article mixed a proposed EU ePrivacy Regulation with the GDPR timetable. Its claim that a privacy policy or browser settings alone would cover tracking was incorrect. The old May 2018 countdown is not a deadline to act on today.
Check what your website actually loads
List cookies, pixels, embedded players and other tools that store or access information on a device. Record their purposes and suppliers. The UK PECR rules cover more than cookies: changing the technology does not automatically remove the need for consent.
Assess each use against the ICO’s current exceptions. Some uses can qualify without consent, but the conditions matter. Advertising tracking is not strictly necessary simply because it funds a website. Where consent is required, obtain it before the relevant technology operates.
Keep an enquiry separate from a marketing subscription
For marketing emails or texts to individual subscribers, consent is generally needed unless a relevant soft opt-in applies. Corporate subscribers have different PECR rules, and sole traders should not simply be treated as limited companies. Check the ICO’s electronic mail guidance for your recipient type and circumstances.
Entering a competition or asking for a quote is not automatically agreement to unrelated marketing. Make any optional subscription clear, keep evidence of the choice, and make unsubscribing straightforward.
Test the journey, not just the banner
- Check the page before a choice, after rejection and after acceptance.
- Make sure people can revisit their choices.
- Confirm that forms and email tools honour the choice recorded.
- Keep the privacy and cookie information aligned with the actual setup.
We can help with the technical side of email marketing and website integrations. Read our five website privacy checks or talk to the team. Use current ICO guidance and appropriate specialist advice for decisions about your organisation’s legal obligations.
