If you operate a website that is accessible to users in the United Kingdom, you are legally required to be transparent about how you collect, use, and store personal data. Two of the most basic tools for achieving this transparency are a cookie notice and a privacy policy. These are not optional additions or best‑practice extras. In most cases, they are legal requirements.
This article explains, in clear and practical terms, why a cookie notice and a privacy policy are necessary for UK websites, what laws require them, and what risks you face if you do not have them. It avoids technical language where possible and focuses on the legal and operational reasons rather than marketing benefits.
The Legal Framework in the UK
UK data protection and online privacy obligations mainly come from two sources:
- The UK General Data Protection Regulation (UK GDPR)
- The Privacy and Electronic Communications Regulations (PECR)
These laws apply to most websites, including small business sites, blogs, e‑commerce platforms, and service websites, if they collect or process personal data or use cookies.
The Information Commissioner’s Office (ICO) is the UK regulator responsible for enforcing these rules. The ICO expects website operators to understand and comply with them, regardless of business size.
What Is Personal Data?
Personal data is any information that can identify a living individual, either directly or indirectly. This includes obvious information such as names and email addresses, but also less obvious data such as:
- IP addresses
- Device identifiers
- Location data
- Online identifiers stored in cookies
If your website uses contact forms, analytics tools, advertising cookies, mailing lists, or user accounts, it is almost certain that you are processing personal data.
Why a Privacy Policy Is Required
Legal Requirement Under UK GDPR
Article 12 to Article 14 of the UK GDPR require organisations to provide individuals with clear information about how their personal data is processed. A privacy policy is the standard way to meet this obligation on a website.
A privacy policy explains, in writing:
- What personal data you collect
- Why you collect it
- How you use it
- How long you keep it
- Who you share it with
- What rights users have over their data
Without a privacy policy, users cannot reasonably understand what happens to their information, which is a direct breach of UK GDPR transparency requirements.
Informed and Fair Processing
UK GDPR requires data processing to be lawful, fair, and transparent. Fairness means users are not surprised by how their data is used. Transparency means they are clearly informed in advance.
A privacy policy ensures that users are informed before or at the point their data is collected. For example, if a user fills out a contact form, they must be able to easily access information explaining how their details will be handled.
User Rights Disclosure
UK GDPR grants individuals specific rights, including:
- The right to access their data
- The right to rectification
- The right to erasure
- The right to object to processing
- The right to data portability
A privacy policy must explain these rights and how users can exercise them. Without this information, you are not meeting your legal obligations.
Why a Cookie Notice Is Required
What Cookies Are
Cookies are small text files stored on a user’s device when they visit a website. Some cookies are necessary for the website to function, while others are used for analytics, advertising, or tracking user behaviour.
Many cookies, especially analytics and marketing cookies, process personal data or can be used to identify users.
PECR Requirements
PECR specifically regulates the use of cookies and similar technologies. Under PECR, you must:
- Clearly explain what cookies you use
- Explain why you use them
- Obtain user consent before placing non‑essential cookies
This is why a cookie notice or cookie banner is required on most UK websites.
Consent Must Be Active and Informed
Consent for cookies must be:
- Freely given
- Specific
- Informed
- Unambiguous
This means users must be given a genuine choice. Pre‑ticked boxes, implied consent, or placing cookies before consent is obtained are generally not compliant.
A cookie notice provides the mechanism to obtain valid consent and to record user preferences.
Relationship Between Cookie Notices and Privacy Policies
A cookie notice and a privacy policy serve different but connected purposes.
The cookie notice:
- Appears when the user first visits the site
- Focuses specifically on cookies and tracking technologies
- Requests consent where required
The privacy policy:
- Provides broader information about all personal data processing
- Includes detailed explanations of cookie use
- Explains legal bases for processing and data retention
In practice, the cookie notice should link to the privacy policy or a dedicated cookie policy so users can access more detailed information.
Applicability to Small Websites and Blogs
A common misunderstanding is that only large companies need privacy policies and cookie notices. This is incorrect.
If your website:
- Uses Google Analytics or similar tools
- Has a contact form
- Uses embedded content
- Collects email addresses
- Uses social media plugins
Then data protection and cookie rules apply to you, regardless of revenue or traffic levels.
The ICO has repeatedly stated that small organisations are not exempt from compliance, even if enforcement action may be proportionate.
Consequences of Non‑Compliance
Regulatory Action
The ICO has the power to investigate complaints and issue enforcement notices. For serious breaches of UK GDPR, fines can be significant. While smaller websites are less likely to receive maximum penalties, enforcement action is still possible.
PECR violations, particularly around cookies, have been the subject of increasing regulatory attention.
Legal Complaints
Individuals can raise complaints directly with the ICO or seek legal remedies if their data protection rights are breached. A lack of transparency increases the likelihood of complaints.
Loss of Trust
Even aside from legal issues, users increasingly expect websites to be clear about data use. Missing or inadequate policies can undermine credibility and discourage users from engaging with your site.
What a Basic UK‑Compliant Setup Looks Like
At a minimum, a UK website should have:
- A clearly written privacy policy accessible from every page
- A cookie notice that appears on first visit
- Clear information about cookie types and purposes
- A way for users to accept or reject non‑essential cookies
The language used should be plain, accurate, and specific to your actual data practices.
Keeping Policies Up to Date
Privacy policies and cookie notices are not one‑time tasks. They should be reviewed when:
- You add new tools or services
- You change how data is processed
- Laws or regulatory guidance change
Out‑of‑date or inaccurate policies can be just as problematic as having none at all.
Conclusion
Having a cookie notice and a privacy policy is not simply a formality for UK websites. It is a legal requirement rooted in the principles of transparency, fairness, and user control over personal data.
A privacy policy explains how personal data is handled and what rights users have. A cookie notice ensures users are informed about tracking technologies and can give valid consent where required.
Together, these documents help you comply with UK GDPR and PECR, reduce legal risk, and meet basic regulatory expectations. For most UK websites, operating without them is neither lawful nor advisable.
This information has been provided by Levy & Co Solicitors.
A digital marketer with over 15 years’ experience, I’ve worked with more than 400 companies across a wide range of industries. From startups to established brands, I specialise in creating strategies that boost visibility, engage audiences, and drive real results.
