In conversation with the ICO: regulation, enforcement and the room to innovate

This week IAB UK held a roundtable between members and senior representatives of the Information Commissioner's Office to discuss the regulator’s work and how it intersects with the online advertising ecosystem, held under the Chatham House rule. 

The session opened with an overview of the ICO's priorities and recent output, including its finalised Storage and Access Guidance and the advice it delivered to government on potential reforms to PECR Regulation 6.  

The ICO's positioning was consistent throughout: supportive of innovation and growth in the online advertising sector and open to collaboration, while clear that enforcement remains central where standards are not met. The regulator described their approach as outcomes-focused and conveyed their appetite to engage with advertisers early on issues where there may be regulatory challenges. 

They pointed members to their innovation advice and regulatory sandbox, the service through which companies can bring new products and services to the regulator for advice and support. 

They were up front that they welcome more difficult cases and suggestions, but that invitation came paired with an unambiguous reminder that calls for collaboration should not be read as a light touch. Acting in good faith, the ICO said, runs in both directions. 

Members used the discussion to test that thinking directly. Questions explored the progress and limits of the ICO's recent work, the reasoning behind their published guidance, and the practical room it leaves for the industry to operate and invest. 

Several threads probed where the regulator sees scope for lower-risk approaches to advertising, how publisher economics and the value exchange with audiences are weighed, and how a fast-moving market, particularly one grappling with the adoption of AI, sits against the current regulatory framework. 

The session gave members a direct line to the people shaping the ICO's thinking, a clearer read on how the regulator is reasoning through current questions, and a way to surface industry concerns in the regulator's own terms rather than through formal consultation alone.  

The ICO also gave a clear picture of their upcoming priorities, among them work around connected TV, and a forthcoming report on AI and advertising expected in the autumn. They also said that they would continue to advise government on potential reforms to PECR Regulation 6.  

The session closed with the mutual agreement to reconvene, as all agreed that sustained, direct engagement between industry and regulator is the most productive route through a period of significant change for both. 

If you would like to get involved with our work with the ICO and government on PECR reforms, please get in touch with our policy team at [email protected].