Landmark Moment: What the Meta Case Means for Cookie Banners and Ad Opt-Outs in the UK
Introduction
Meta’s recent settlement with UK privacy campaigner Tanya O’Carroll marks a pivotal shift in the ongoing debate over behavioral advertising and user consent. While not a court ruling, Meta’s agreement to disable targeted ads on O’Carroll’s account has created ripple effects — especially for businesses relying on personalized advertising.
This article breaks down what this moment means for your compliance strategy: from cookie banners to opt-out rights, and how to ensure your website is on the right side of privacy law.
What Happened?
Tanya O’Carroll launched legal action arguing that Meta had no legal basis under UK GDPR to process her personal data for ad targeting without consent. Meta eventually agreed to stop targeting her with ads — making her the first consumer in the UK to successfully opt out of behavioral advertising on the platform.
No official ruling was issued, but the implications are huge.
Why This Matters for Your Business
Even without a court judgment, Meta’s concession sets a new privacy expectation in the UK:
- Users have the right to opt out of being tracked and profiled for advertising
- Consent must be meaningful, not hidden or assumed
- Transparency is key — vague or misleading cookie banners won’t cut it
Whether you’re a retailer, SaaS company, or ad agency, it’s time to review how you collect and use personal data online.
The Rules: GDPR and PECR Basics
UK GDPR and the Privacy and Electronic Communications Regulations (PECR) govern how you use cookies and similar tracking technologies.
✅ You must:
- Get prior consent before setting non-essential cookies
- Provide clear, specific information about what the cookies do
- Let users refuse or withdraw consent as easily as they give it
What’s Wrong with Most Cookie Banners?
A lot of banners still:
- Only offer an “Accept All” button
- Use dark patterns to push users toward consent
- Hide the “Reject” option or make it hard to find
This could expose your business to complaints and enforcement action.
Real-Life Example
A UK e-commerce retailer using Meta Ads recently reviewed its practices. Their old cookie banner said “By continuing to browse, you accept cookies.”
After a quick privacy health check, they:
- Added a “Reject Non-Essential Cookies” button
- Created a consent preference center
- Updated their privacy policy to reflect these changes
End result? Better compliance, happier users, and no drop in conversions.
Building a Compliant Cookie Experience
Here’s what good looks like:
1. Transparent Banner Design
- Include “Accept All,” “Reject All,” and “Manage Preferences” options
- Use neutral colours and equal visibility
2. Granular Consent
- Allow users to turn categories (e.g. Marketing, Analytics) on/off
- Provide details for each vendor used
3. Easy Withdrawal of Consent
- Add a “Privacy Settings” link in your footer
- Let users change choices at any time
What About Ad Preferences and Opt-Outs?
If you’re running targeted ads through platforms like Meta, Google, or LinkedIn:
- Ensure you’re relying on valid consent for data processing
- Provide users with a real, accessible way to opt out of personalized advertising
- Avoid mixing consent with other terms and conditions
FAQ: Cookie and Consent Compliance
❓ Do I need consent for Google Analytics?
Yes, unless it’s configured in a way that doesn’t collect personal data (which is rare).
❓ Can I use implied consent (e.g. “by browsing this site…”)?
No — this approach is outdated and non-compliant.
❓ How can I check if my current setup is compliant?
You can run a cookie audit using tools like Cookiebot, OneTrust, or consult with a privacy expert.
✅ Quick Compliance Checklist
- Do you offer a clear opt-out for targeted ads?
- Is your consent request freely given and granular?
- Can users easily change their preferences later?
- Do you have a consent log for auditing?
- Have you reviewed your third-party trackers?
For more information about GDPR compliance checklist, click here.
How DPO & Privacy Support Can Help
We work with startups, e-commerce brands, and agencies to:
- Audit and improve cookie banners and consent flows
- Design compliant cookie banners
- Audit Meta and Google ad practices
- Implement GDPR-compliant tracking setups
- Reduce risk of enforcement or customer complaints
- Train your team on best practices
- Draft and review Data Processing Agreements (DPAs), Standard Contractual Clauses (SCCs), and vendor privacy contracts to support compliant adtech and analytics setups.
Whether you’re launching a new site or updating existing practices, we’ll guide you every step of the way. Let us handle the legal headaches—so you can focus on growth.
Next Steps
- Review your current consent banner
- Identify all tracking tech in use
- Book a quick compliance check with us
