The APMA is working to secure greater recognition for affiliate marketing within the UK’s privacy and data protection framework.
Building on our recent work, privacy lawyer Eitan Jankelewitz of Sheridans explains the current rules, why they matter, and where opportunities for change exist, as part of the APMA’s recent session at PI LIVE in London.
Affiliate marketing is responsible for significant economic activity in the UK. According to the APMA’s State of the Affiliate Nation 2026 report, advertisers invested £1.78bn in the channel in 2025, generating £20.7bn in sales.
Yet the channel continues to face challenges from rules governing cookies and online tracking, particularly when those rules prevent publishers and networks from being properly credited for the sales they generate.
The APMA has been working to address these challenges and ensure that policymakers understand the distinction between privacy-invasive tracking and the relatively limited data required for affiliate attribution.
1. Why cookies and privacy rules matter to affiliate marketing
The UK’s privacy framework is governed by several overlapping pieces of legislation, including the UK GDPR and the Privacy and Electronic Communications Regulations (PECR).
These rules affect how affiliate marketing measures activity and attributes sales to publishers.
When attribution fails, the consequences are commercial. Publishers can lose commission for sales they have generated, networks lose visibility and advertisers receive an incomplete picture of their marketing performance.
With 357 million transactions recorded through UK affiliate marketing in 2025, even relatively small gaps in attribution can have a meaningful impact.
Watch the video: Eitan explains the relationship between cookies, personal data, ePrivacy and GDPR, and why these rules matter to the affiliate industry.
2. What exemptions already exist?
Not every use of cookies or similar technologies requires consent.
Existing legislation recognises exemptions for certain purposes, including technologies that are strictly necessary to deliver a service requested by a user.
The ICO’s guidance also recognises circumstances in which cashback services can rely on an exemption, reflecting the importance of attribution in delivering the service consumers expect.
This is significant progress, but it doesn’t address the wider affiliate industry.
Many other publishers depend on accurate attribution to receive payment, even where the data used is limited and the activity presents relatively low privacy risks.
Watch the video: Eitan explains existing exemptions, the work involving cashback providers and why their recognition matters beyond cashback.
3. How the law is changing
The Data (Use and Access) Act 2025 creates opportunities to modernise aspects of the UK’s data protection and privacy framework.
Importantly, it provides a mechanism for introducing additional exemptions through secondary legislation.
The ICO’s updated guidance is also significant. Advertisers and their privacy teams frequently rely on regulatory guidance when deciding which technologies require consent and how their websites should manage them.
Greater recognition of affiliate attribution within that guidance could therefore have a practical impact on how the channel operates.
Watch the video: Eitan discusses the DUAA, changes to cookie guidance and the opportunities these developments create.
4. Making the case for affiliate attribution
The APMA’s position is that affiliate attribution should be considered on its own merits rather than treated as equivalent to every other form of online tracking.
Affiliate marketing generally operates using relatively limited data to establish whether a publisher should receive credit for a transaction.
The objective is not to weaken privacy protections, but to establish a proportionate approach that recognises the purpose of the technology, the data involved and the economic consequences when attribution is lost.
The scale of the channel makes this an important issue for advertisers, publishers and consumers alike.
Watch the video: We discuss why the industry needs a more proportionate framework and how the APMA is making that case.
5. What happens next?
The potential for further exemptions creates an opportunity, but change is not automatic.
It requires engagement with government, regulators and the wider industry, alongside evidence demonstrating why affiliate attribution deserves specific consideration.
The APMA will continue making the case for a framework that protects consumer privacy while allowing publishers to be fairly rewarded for the value they generate.
This includes explaining the practical differences between attribution and more intrusive forms of tracking, demonstrating the economic importance of the channel and engaging with the relevant policy processes.
Watch the video: Eitan outlines the next steps, the opportunities for engagement and what the affiliate industry can do to support progress.
The APMA will continue to update the industry on the latest developments.
If you’re interested in becoming a member and receiving our regulatory updates, drop Kevin an email for more information on how to sign up.
