How do you decide whether an advertising data flow is sharing?
Trace the information from collection to the advertising recipient and ask four questions: Is it personal information? Does the business communicate or make it available to another person? Is that person a for this service? Will the recipient target advertising using information obtained from the consumer's activity across other businesses or distinctly branded sites, apps, or services? If all four answers are yes, the flow is even when the arrangement is unpaid.
The statute excludes three situations from : the consumer directs an intentional disclosure or intentionally interacts with a ; the business passes an opt-out or sensitive-information limitation identifier so others can honor the choice; or personal information transfers as an asset in a merger, acquisition, bankruptcy, or similar change-of-control transaction and remains subject to the statutory conditions. These are narrow exclusions. A consumer's ordinary use of a website is not enough by itself to show that the consumer directed an ad-tech disclosure.
Contextual or nonpersonalized advertising based only on the consumer's current interaction can fall outside . A may provide advertising or marketing services, but cannot contract to provide cross-context behavioral advertising in that role. A person providing cross-context behavioral advertising is a for that service. The label in the contract does not override the recipient's actual use of the data.
- Inventory pixels, cookies, SDKs, server-side events, identity matching, audience uploads, and real-time bidding rather than reviewing browser tags alone.
- Record the personal-information categories, recipient, advertising purpose, source contexts, contract role, and whether the recipient combines data across contexts.
- Test separately. A flow may trigger the sale opt-out even when it is not for .
Binding definitions of cross-context behavioral advertising, sharing, third party, service provider, contractor, and the statutory exclusions from sharing.
Binding rules and examples distinguishing third-party cross-context behavioral advertising from advertising services a service provider or contractor may perform.