← Back to Regulatory Updates

Regulatory Update • April 2026

What The ICO’s Tracking Guidance Means For Analytics And Consent

Published: 30 April 2026 Topic: Analytics / Consent / Tracking Source: ICO Guidance

The ICO’s updated tracking guidance affects more than cookie banners. Organisations using analytics, pixels, tags, scripts or similar tools should understand how consent and PECR requirements may apply.

This update focuses on the practical implications for website analytics and consent settings, especially where organisations rely on third-party tools to measure behaviour or improve online services.

Reading time 2 minutes

What changed

The ICO’s finalised storage and access technologies guidance gives organisations a clearer basis for reviewing how analytics, tracking and consent settings work in practice.

Although the guidance covers a wide range of technologies, it is especially relevant for organisations using website analytics, tracking pixels, tags, scripts, advertising tools, consent banners or similar systems that store or access information on a user’s device.

Why does analytics need reviewing?

Analytics tools often involve storing information on, or accessing information from, a person’s device. That means they may fall within PECR even where the organisation sees them as “just measurement” or “basic website improvement”.

Why this matters

Many organisations assume analytics is low risk because it does not feel like advertising or direct marketing. In practice, the key question is not just what the organisation calls the tool, but what the technology actually does and whether consent or another route is required.

Consent settings also need to match reality. If a banner says only essential cookies are active, but analytics tags or tracking pixels are firing before consent, the website may not reflect the choices being presented to users. For wider updates across privacy, marketing and data protection, see our Regulatory Updates page.

What organisations should do

Organisations should review analytics and tracking tools as part of a wider website compliance check.

  • Check what analytics tools, pixels, tags and scripts are active on the website.
  • Review whether those technologies store information on, or access information from, a user’s device.
  • Confirm whether analytics tools fire before or after consent is given.
  • Check whether the cookie banner accurately reflects the technologies being used.
  • Review whether cookie notices and privacy information explain analytics and tracking clearly enough.

Practical takeaway

Organisations should not assume analytics is automatically compliant because it feels routine. The practical task is to check what tools are active, when they fire, what they do, and whether the consent experience matches the reality of the website.

Grounded in

ICO final guidance on storage and access technologies, including the application of PECR to cookies, tracking pixels, scripts, tags, web storage and similar technologies used for analytics, measurement and online tracking.

Sources