The UK’s Data (Use and Access) Act has officially received Royal Assent, ushering in what could be the most impactful development for affiliate marketing in over a decade. 

Described by industry observers as a pivotal moment for the sector, the Act introduces a statistical exemption for cookie usage – a clause that could dramatically reshape how conversion tracking operates under UK law.

Scheduled for phased implementation between now and June 2026, the legislation signals a shift in how data can be lawfully collected for statistical purposes, potentially removing one of the biggest roadblocks in the affiliate space: user consent friction.

The Statistical Exemption: A Game Changer?

At the heart of the Act is a new provision allowing cookies without prior consent if they are used solely for the collection of statistical information on how an online service is used. 

While that may sound narrow, the implications are far-reaching. Affiliate marketers have long struggled with the legal grey area of tracking cookies, especially as users increasingly opt out of consent requests, effectively breaking the attribution chain.

Under existing PECR and GDPR rules, this consent hurdle has contributed to what some estimate to be hundreds of millions of pounds in lost legitimate commissions annually. The introduction of this exemption could change that – but only if affiliates are prepared to evolve their tracking strategies.

Strict Conditions for Use

This isn’t a carte blanche for cookie use. The exemption is conditional and comes with clearly defined expectations:

  • Data minimisation is non-negotiable. Only metrics strictly necessary for attribution can be collected. Any form of user profiling would disqualify the tracker from the exemption.
  • Anonymisation and aggregation are essential. The law expects that individual user journeys cannot be reconstructed, and that tracking must serve statistical purposes – not broader marketing insights.
  • Clear and easy opt-outs must be provided. Even under the exemption, users retain the right to be informed and to refuse participation.
  • Purpose limitation is critical. The exemption covers only statistical analysis directly tied to service improvement or affiliate attribution – not general behavioural marketing.

As the Affiliate & Partner Marketing Association (APMA) noted, enforcement will become stricter under the new regime. 

But the legislation also signals a more balanced approach to data collection for lower-risk, affiliate-based models – offering much-needed relief for marketers battling consent drop-offs and incomplete data chains.

Enforcement Gets Teeth

While the statistical exemption may bring relief, the Act doesn’t come without sharper consequences. 

Perhaps the most attention-grabbing shift is the increase in PECR fines to match those under the GDPR – up to £17.5 million or 4% of global turnover, a major leap from the previous cap of £500,000.

This substantial increase puts serious pressure on affiliate networks, publishers, and advertisers to ensure compliance. It also serves as a wake-up call to those still using tracking methods that fall outside the scope of statistical use.

The Road Ahead: Adapt or Miss Out

While the Act provides new flexibility, it doesn’t automatically legitimise current tracking methods. Many affiliate tracking technologies today still collect data far beyond what is needed for basic attribution – risking non-compliance unless significant changes are made.

The future lies in building tracking frameworks that:

  • Prioritise conversion attribution over behavioural profiling
  • Rely on anonymised, aggregated data
  • Deliver clear user transparency and opt-out options
  • Stay strictly within the boundaries of statistical usage

This isn’t just a legal compliance issue – it’s a technological evolution. Forward-thinking affiliate networks must begin by auditing their current implementations and working with advertisers to develop shared, compliant tracking approaches.

Legal Clarity Still Pending

While the law is now on the books, precise implementation details remain in flux. Industry stakeholders are still awaiting secondary legislation that will define the finer points of enforcement and interpretation.

Legal guidance will be crucial during this transitional phase. Even for those eager to innovate, jumping the gun could lead to costly penalties if assumptions about compliance are proven wrong in the months ahead.

Global Implications and EU Watchfulness

Though specific to the United Kingdom, this development will likely have international ramifications. 

The UK’s approach to balancing innovation and privacy is being closely monitored, especially by EU regulators reviewing the country’s adequacy status, which has been extended until December 2025.

Affiliate businesses operating in both the UK and the EU must tread carefully, ensuring that any new tracking solutions are adaptable across jurisdictions. Legal teams should begin assessing overlaps and divergences between the UK’s Act and upcoming EU laws, such as the Digital Fairness Act.

A More Nuanced Future for Data and Marketing

Unlike many recent regulations that focus solely on restricting data use, the Data (Use and Access) Act takes a more nuanced stance. 

By recognising that certain low-risk data activities – like basic attribution tracking – can serve legitimate business interests without harming privacy, the UK has opened the door to more pragmatic compliance.

The Act doesn’t provide a magic fix, but it offers a promising foundation for a more privacy-conscious, yet commercially functional, affiliate ecosystem.

Conclusion: Innovation Within Boundaries

The Data (Use and Access) Act may well become a landmark moment for affiliate marketing. It represents a rare instance where regulatory change opens new doors rather than simply closing old ones. But the onus is now on the industry to act.

Affiliate marketers, networks, and advertisers must: embrace data minimisation, build privacy-by-design tracking tools, collaborate on industry-wide standards and educate users and regulators alike

Done right, the Act offers an opportunity to restore trust, accuracy, and earnings – not by bypassing privacy, but by respecting it. 

The coming months will be critical as the affiliate industry moves from legal possibility to technical reality. Those who lead the charge will shape the future of privacy-first performance marketing.