Artifact GuideUSSharing and Cross-Context Behavioral Advertising

US CPRA Sharing and Cross-Context Behavioral Advertising

A business shares personal information when it makes that information available to a third party for , even if no money changes hands.

Use this guide to classify recipients and advertising contexts, identify exceptions, apply opt-outs, and document how covered transfers stop.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 25, 2026
Overview

Under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), means communicating a consumer's personal information to a third party for , whether or not the business receives money or other value. Other disclosures require a separate classification. The decision depends on the information, recipient, contract and actual use, advertising context, and any statutory exception.

Section 1

When is an advertising data flow sharing?

targets advertising to a consumer using personal information from that consumer's activity across other businesses or distinctly branded websites, applications, or services. A common example is sending a browser, device, or audience identifier to an advertising platform that combines it with activity from multiple businesses to select targeted ads.

Advertising based solely on personal information from the consumer's current interaction with the business is not under this definition. The statute separately defines nonpersonalized advertising as advertising based solely on that current interaction, except for precise geolocation. Measurement data is only when the business makes it available for cross-context behavioral advertising; labels such as analytics, measurement, first party, or advertising partner do not decide the classification.

  • Identify the personal information sent or made available, including cookies, IP addresses, mobile advertising IDs, hashed contact details, event data, and audience membership.
  • Identify the recipient and whether it combines the information with activity from other businesses or distinctly branded services.
  • Document the advertising purpose, data sources, matching logic, permitted uses, and actual configuration.
  • Classify the flow as , , both, or neither; value exchanged can make a flow a sale, while cross-context advertising can make it sharing without payment.
Section 2

Which recipients and disclosures fall outside sharing?

A recipient that meets the statutory service-provider or contractor role is outside the definition of third party. The recipient must meet the role and contract requirements, and its processing must stay within permitted purposes. A contract label does not protect a flow if the recipient sells or shares the information, uses it outside the direct business relationship, or impermissibly combines it with information from other customers or its own consumer interactions.

The definition also excludes a disclosure when the consumer uses or directs the business to intentionally disclose personal information or intentionally interact with one or more third parties. It also excludes use of an opt-out identifier solely to communicate the consumer's choice and a qualifying transfer in a merger, acquisition, bankruptcy, or similar transaction. Each is fact-specific. Hovering over, muting, pausing, or closing content does not count as an intentional interaction.

  • Service provider or contractor: verify the written contract, limited business purpose, use restrictions, no prohibited combination, and actual processing.
  • Consumer-directed disclosure: preserve evidence of the deliberate interaction and the specific third party the consumer chose.
  • Corporate transaction: confirm the transfer is part of the transaction and that later use remains consistent with the statutory conditions.
  • Same-context advertising: verify that targeting does not use activity from another business or distinctly branded service.
Section 3

What must a business do when it shares personal information?

A business that shares personal information must disclose the practice and the consumer's right to opt out. It must provide the required notice and request method, honor qualifying opt-out preference signals such as Global Privacy Control (GPC), and stop the covered and as soon as feasibly possible and no later than 15 business days after receiving the request.

If the business shares information after receiving the request but before it implements the opt-out, it must notify those third parties, direct them to comply with the request, and direct them to forward the request to any person to whom they made the information available during that interval. Except where the regulations allow otherwise, the business must wait at least 12 months before asking the consumer to consent to or again.

Section 7150 also requires a risk assessment before a business begins selling or personal information. A covered flow already underway before January 1, 2026, must be assessed by December 31, 2027. Review each assessment at least every three years and update it within 45 calendar days after a material change. The assessment is separate from the consumer opt-out and should cover the actual recipients, data, purpose, safeguards, benefits, and negative impacts of the processing.

  • Provide a conspicuous "Do Not Sell or Share My Personal Information" link, an allowed alternative link, or meet every condition for the frictionless-signal exception.
  • Do not treat a privacy link as a substitute for GPC; a business that sells or shares must process a qualifying signal.
  • Apply the opt-out to and , not only to a subset labeled targeted advertising.
  • Use the regulations' two-step process if the consumer later chooses to opt in, and retain the pre-processing risk assessment with the flow record.
Section 4

Which edge cases need a separate decision?

A business with actual knowledge that a consumer is under 16 may not sell or share that consumer's personal information unless the required affirmative authorization is obtained: from the consumer when the consumer is at least 13 but under 16, or from the parent or guardian when the consumer is under 13. Willful disregard of age is treated as actual knowledge.

Also assess sensitive-personal-information limits separately. One processing activity can trigger more than one CCPA rule, but a -and- opt-out does not automatically exercise every other right. Sector, data, entity, and activity exemptions in Civil Code section 1798.145 can change the analysis and should be applied to the specific information and conduct, not to an organization by label alone.

  • Minors: document the age-knowledge basis, authorization path, identity linkage, and suppression behavior.
  • Sensitive information: determine whether the right to limit applies in addition to the -and- opt-out.
  • Overlapping rights: record which , , sensitive-information, deletion, and correction controls apply to the same data.
  • Exemptions: record the exact statutory provision, information, purpose, and boundary rather than marking an entire vendor or dataset exempt.
Section 5

What evidence should the business keep?

Privacy should approve the classification method and notices; marketing and advertising operations should inventory campaigns and recipients; engineering should control tags, SDKs, APIs, audience exports, and preference propagation; procurement should maintain contract restrictions; and a named owner should test the complete opt-out path.

For each flow, keep the data categories and identifiers, source and destination, recipient role, contract, advertising purpose, cross-context data sources, -and- classification, exception analysis, consumer-facing notice, GPC and link behavior, downstream instructions, and dated test result. Reassess after changes to vendors, campaign features, identity matching, data clean rooms, conversion APIs, or recipient terms.

  • Test signed-in and signed-out users, GPC on and off, browser and device changes, and a manual opt-out.
  • Verify that blocked browser collection is not replaced by server-side events, audience uploads, or offline matching.
  • Confirm the opt-out reaches every covered recipient within the regulatory deadline.
  • Review actual configurations and logs; a contract or consent-platform label alone does not prove how the data is used.
Primary sources

References and citations

leginfo.legislature.ca.gov2 citations
Referenced sections
  • Binding definitions for cross-context behavioral advertising, sharing, sale, personal information, consent, service provider, contractor, and third party.
  • Defines personal information, cross-context behavioral advertising, nonpersonalized advertising, sale, sharing, service provider, contractor, third party, and intentionally interacts.
cppa.ca.gov2 citations
Referenced sections
  • Official CPPA source for current notice, opt-out, GPC, opt-in, service-provider, contractor, third-party, and sensitive-information rules.
  • Official source for the current sensitive-personal-information regulations that may apply alongside sale-and-sharing rules.
leginfo.legislature.ca.gov
Referenced sections
  • Requires limited-purpose recipient contracts, CCPA-level protection, business oversight rights, notice of inability to comply, and remediation rights.
cppa.ca.gov
Referenced sections
  • Official CPPA explanatory material on sale-and-sharing opt-outs, GPC, privacy-choice links, and the distinction among CCPA rights; the FAQ states that it is not legal advice or regulatory guidance.
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