Ukie responds to ICO guidance on the use of storage and access technologies

Submitted – 14th March 2025

Many video games companies rely on storage and access technologies to deliver essential functions such as gameplay, fraud prevention, and analytics. However, the current draft ICO Guidance creates uncertainty, particularly around the definition of “cross-device tracking” that would require consent under PECR. Video game players often switch between devices, and publishers may need to use cross-device data to maintain a seamless experience, such as synchronising game progress. As it stands, the Guidance implies that all cross-device tracking is non-essential and therefore subject to consent, which could disrupt gameplay continuity and negatively impact user experience.

Ukie welcomes the ICO’s efforts to improve clarity on the use of these technologies. The updated draft Guidance is a step forward from the 2019 version, offering a broader scope and clearer distinctions between what businesses must do and what they should consider. However, further refinements are needed to ensure the guidance supports both compliance and functionality within the video games sector. Clearer definitions and practical examples would help businesses apply the regulations effectively while continuing to offer smooth and consistent gameplay to players.