A recent study by Birmingham-based web agency ALT Agency suggests that cookie compliance issues may be more widespread than many organisations realise.
The report, UK Website Health Check 2026, examined 200 major UK consumer-facing websites across 20 sectors. According to the study, 120 of those sites (60%) were found to be setting analytics or marketing cookies before users had interacted with a consent banner.
The testing was carried out using a clean browser environment with no prior cookies or stored consent. Based on this methodology, the study identified instances where tracking technologies appeared to be active before users had made a clear choice.
Understanding the Findings in Context
Under UK data protection rules, including the Privacy and Electronic Communications Regulations (PECR), organisations are generally required to obtain user consent before placing non-essential cookies, such as those used for analytics or advertising.
The ALT Agency report suggests that, within its sample, this requirement may not always be fully implemented in practice. However, cookie compliance can depend on a range of technical and legal factors, including how cookies are classified and configured.
Sector Trends Identified in the Study
The study indicates variation in results across sectors within the 200 websites analysed.
According to the report:
- Telecoms websites showed a 100% failure rate within the sample
- News & Publishing recorded 90%
- Insurance, Healthcare, Property, Comparison Sites, and Streaming sectors were each reported at around 80%
By contrast:
- Banking, Government, and Supermarkets were reported at approximately 20%
These findings are specific to the sites tested and may not reflect the wider performance of each sector.
The full breakdown of all 20 sectors is available in the study.
Cookie Classification and Methodology
Across the sample, the study identified 1,731 cookies set before user interaction with consent mechanisms. Of these, 670 (approximately 39%) were classified by the researchers as analytics or marketing cookies.
According to the report’s methodology, these categories would typically require prior user consent. However, classifications and compliance obligations can vary depending on implementation details and evolving regulatory guidance.
Industry Perspective
Craig Murphy, Managing Director at ALT Agency, commented: “Many organisations assume that having a cookie banner in place ensures compliance. Our findings suggest that, in some cases, tracking technologies may still be active before users are given a clear choice.”
He added that configuration issues, particularly involving third-party tools such as analytics platforms and tag managers, may contribute to these outcomes.
Evolving Regulatory Landscape
Regulatory expectations around cookies and tracking technologies continue to evolve. The Information Commissioner’s Office (ICO) has increased its focus on transparency and user control, while also consulting on potential updates to how cookie rules are applied in practice.
At the same time, broader discussions are ongoing around balancing user privacy with practical implementation for businesses, including possible adjustments to consent requirements in certain low-risk scenarios.
What This Means for Organisations
The study suggests that businesses may benefit from reviewing how their cookie consent mechanisms are implemented in practice, particularly where third-party tracking technologies are involved.
In many cases, ensuring that non-essential scripts are blocked until user consent is recorded may require configuration changes rather than major redevelopment. However, organisations should assess their approach in light of their specific systems, risk profile, and legal obligations.
Conclusion
ALT Agency’s findings highlight potential gaps between intended and actual cookie consent practices across a sample of major UK websites. While results may vary depending on methodology and interpretation, the study reinforces the importance of regularly reviewing compliance measures in a changing regulatory environment.
Organisations are encouraged to seek appropriate technical and legal guidance to ensure their practices align with current requirements and expectations.
Advertorial: This article is a paid advertorial based on research conducted by ALT Agency. The findings reflect the methodology and sample used in the study and have not been independently verified by Health Tech Digital. This content is for informational purposes only and does not constitute legal advice. Readers should seek independent professional guidance regarding compliance with data protection laws. The views expressed are those of the sponsor and do not necessarily reflect those of Health Tech Digital.
