Navigating cookie consent laws across two major affiliate marketing hubs can feel like walking a tightrope—especially when the rules on one side of the Atlantic are night-and-day different from the other. In the UK, the Privacy and Electronic Communications Regulations (PECR) insist on explicit opt-in for virtually every cookie. Meanwhile, in the US, there’s no single cookie law to speak of; instead, brands lean on broader data statutes like California’s Consumer Privacy Act (CCPA). Let’s unpack what this means in real-world affiliate promos—and why it matters to your bottom line.
PECR: The UK’s No-Nonsense Stance
In Britain, assuming a visitor will tolerate affiliate-trackers without asking? That ship has sailed. Under PECR, nearly all cookies—no matter how “harmless”—require clear, informed consent before firing. It’s a bit like having a bouncer at the club door for every single pixel. To their credit, the Information Commissioner’s Office (ICO) has eased one corner: cookies deemed “strictly necessary” (think cashback or loyalty trackers where the user opts in upfront) can slip past without that extra click. But the carve-out only covers a sliver of common affiliate tags, leaving most networks scrambling for compliance.
Those fleeting moments when a pop-up appears, begging you to accept cookies? That’s not just a UX choice—it’s the law.
Key Differences at a Glance
- UK PECR: Consent mandatory for nearly all cookies
- Strictly necessary exemption: Narrowly applied to cashback/loyalty
- US CCPA: Consent tied to “personal information,” not cookies per se
- No “strictly necessary” concept stateside
(Yes, it really is that clear—and yet, totally confusing.)
US Flex: CCPA and the Great Cookie Question
Over in the States, you won’t find an all-encompassing cookie bill. “They don’t have an equivalent law,” admits Steven Brown, founder of Moonpull. Instead, if what you’re collecting counts as personal information—IP addresses, geo-location, email addresses, etc.—you need consent or an opt-out mechanism. If not, you might carry on under the radar.
That early realization in the US affiliate scene—“Does this tracker even process personal data?”—has led teams to tread carefully well before their UK counterparts ever even glance at PECR. But ask five lawyers whether an IP address is “personal” and you’ll get seven opinions.
Shifting Sands: Industry Perspective
Brown notes that even US legal eagles are still sizing things up. Brands and networks interpret CCPA (and emerging state laws) in wildly different ways—some treat every pixel as personal information, others draw the line at email addresses. It’s this patchwork of legal uncertainty that keeps affiliate managers from sleeping soundly.
The ICO’s Latest Update: A Double-Edged Sword
Recently, the ICO expanded its Data Use Agreement (DUA) guidance, giving affiliates a bit more breathing room. Now, certain affiliate cookies—beyond just cashback schemes—can be classified as “strictly necessary,” meaning no consent banner required. (Relief, right?) Yet the silver lining comes with a catch: we’re all going to have to scrutinize whether any affiliate activity processes personal data in the first place. Suddenly, affiliate compliance feels more intricate than ever.
In my view, the DUA tweak is a welcome reprieve—no, really, it’s great to gain some certainty from PECR’s maze—but it also paves the way for fresh debates on data classification.
What do you think? Have you wrestled with cookie banners on your site? Drop a comment below, share your war stories, or hit us up on Facebook, Twitter, Pinterest or Instagram. Let’s keep this conversation going—because in affiliate marketing, clarity is as good as gold.
Sources:
- www.hellopartner.com/2025/08/19/uk-vs-us-how-cookie-consent-rules-shape-affiliate-marketing-compliance/
- www.harperjames.co.uk/news/cookie-consent-exemptions-for-affiliate-reward-websites/
- www.ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/guide-to-pecr/what-are-pecr/
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