{"id":13402,"date":"2025-02-25T09:57:42","date_gmt":"2025-02-25T08:57:42","guid":{"rendered":"https:\/\/stage.usercentrics.com\/?post_type=knowledge&p=13402"},"modified":"2025-06-24T13:58:39","modified_gmt":"2025-06-24T11:58:39","slug":"cross-site-tracking","status":"publish","type":"knowledge","link":"https:\/\/usercentrics.com\/us\/knowledge-hub\/cross-site-tracking\/","title":{"rendered":"Cross-site tracking and data privacy compliance"},"content":{"rendered":"\n

Understanding customer behavior and desires is key to effective marketing. You need to know what your customers are looking at across various websites to pinpoint their needs and tailor your content accordingly.<\/p>\n\n\n\n

Cross-site tracking helps you do this by following users across websites and collecting data about their online behavior. From there, you can fill in the gaps about what they want and need.<\/p>\n\n\n\n

However, as tracking tools have advanced, so have attitudes toward privacy. Many consumers are uncomfortable with how much of their personal information companies can access. 63 percent say they\u2019d delete all their online information, even if it meant giving up personalized web experiences.*<\/p>\n\n\n\n

In response to these concerns, data privacy laws have evolved to become stricter and more robust. They generally require you to inform users about which browser tracking tools you use and to obtain their consent for tracking their online activity.<\/p>\n\n\n\n

This article explores how cross-site tracking can fit into your marketing strategy amid regulatory changes. We explore the key regulations to keep an eye on and best practices for achieving compliance.<\/p>\n\n\n\n

Cross-site tracking explained<\/h2>\n\n\n\n

Cross-site tracking is the practice of monitoring users\u2019 online activity across multiple websites. This enables you to collect data on your customers, such as browsing habits and language preferences, so you can develop more targeted marketing strategies.<\/p>\n\n\n\n

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Here\u2019s what that looks like in practice. When a user visits your website, tracking tools like cookies and pixels collect information about their activity. Third-party cookies store that information in the user\u2019s browser, while pixels send the data to a server.<\/p>\n\n\n\n

If a user visits a website with the same tracking technology, you \u2014 or your advertising partners \u2014 can recognize their device, browser, and other unique identifiers. This enables you to access data about their activity on other sites and use it to tailor the online experience to their needs and preferences.<\/p>\n\n\n\n

Retargeted ads are an example. Suppose a customer browses your online store and clicks on a product but leaves without completing the purchase. Later, they scroll through their social media feed and see the same product being advertised there.<\/p>\n\n\n\n

This happens because your tracking tools log the user\u2019s interactions with your product and associate it with their device or browser. When they visit another site in the same advertising network, that data is used to serve them the relevant ad.<\/p>\n\n\n\n

Cross-site tracking gives you a more complete picture of customer behavior than just the information you collect through their interactions with your site. You can discover what websites they visit, which other products they buy, and the steps they usually take before a purchase.<\/p>\n\n\n\n

However, with this power comes responsibility. That\u2019s why it\u2019s important to take steps to safeguard customer data and uphold transparency when participating in this practice.<\/p>\n\n\n\n

What data privacy laws say about cross-site tracking<\/h2>\n\n\n\n

Since cross-site tracking involves collecting and processing data, it\u2019s subject to international privacy laws. Failing to comply with these laws can lead to significant penalties and even legal action.<\/p>\n\n\n\n

Usercentrics Senior Privacy Expert Tilman Harmeling says \u201cBusinesses need to be familiar with both relevant privacy regulations and the tracking tools they\u2019re using.<\/em>\u201d He adds, \u201cnot just with a one-time audit, but over time as regulations and technologies in use change.\u201d<\/em><\/p>\n\n\n\n

Here are some key privacy laws to pay attention to when engaging in cross-site tracking. Just note that which regulations you\u2019re required to comply with depends on several factors, such as where your customers reside and the size of your business. We recommend consulting relevant legal counsel to help ensure you\u2019re paying attention to the regulations most relevant to your organization.<\/p>\n\n\n\n

GDPR<\/h3>\n\n\n\n

Under the GDPR<\/a>, you need a legitimate basis for collecting and processing the personal data of your users. You must obtain explicit consent before doing so, and you must clearly communicate the purpose of data collection and processing.<\/p>\n\n\n\n

Consent must be a real choice. Users need to actively agree to tracking cookies<\/a> if you\u2019re going to use them. This means you can\u2019t use pre-checked boxes or default settings. Additionally, users can withdraw consent at any moment, meaning you must promptly disable cross-site tracking and stop sharing their site data.<\/p>\n\n\n\n

The GDPR also requires you to publicly disclose all your cross-site tracking practices in your website\u2019s privacy notice<\/a>. This notice should explain what information you collect, how you use it, and who you share it with if anyone.<\/p>\n\n\n\n

Some companies have claimed they have a right to track users due to a \u201clegitimate interest.\u201d For example, collecting user data to prevent fraud or protect their system from security threats. Regardless, the GDPR insists on informed, opt-in consent in all cases.<\/p>\n\n\n\n

As cross-site tracking entails processing personal data, you must follow the GDPR\u2019s requirements when engaging in this practice to remain compliant. That means listing any tracking tools in your policy, collecting consent from visitors, and disabling tracking the moment they decline or withdraw permission.<\/p>\n\n\n

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Who needs to comply?<\/div>\n

Any organization that collects data from end-users located in the EU, even if the data collecting and\/or processing takes place outside the EU or by providers outside the EU, must comply with the GDPR.<\/span><\/p>\n <\/div>\n<\/div>\n\n\n\n\n\n

ePrivacy Directive<\/h3>\n\n\n\n

The ePrivacy Directive<\/a> complements the GDPR. While the latter primarily regulates data processing, ePrivacy, which is also known as the \u201ccookie law,\u201d aims to ensure privacy and protection in electronic communications.<\/p>\n\n\n\n

Consent under the GDPR and ePrivacy<\/a> follows the same definition. Both require you to obtain each user\u2019s explicit, opt-in consent before implementing cross-site tracking. They also both require you to be transparent about how you collect and use customer information within your website privacy policy.<\/p>\n\n\n\n

However, the ePrivacy Directive also regulates the use of cookies. The regulation requires you to collect consent for the use of any cookies other than those that are strictly necessary for the functioning of your website or the service the user has requested.<\/p>\n\n\n\n

As an example, an online store might use essential cookies to enable its basket and checkout to function and non-essential cookies for behavioral marketing purposes. They must inform users and collect informed consent from them for the latter.<\/p>\n\n\n

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Who needs to comply?<\/div>\n

Any organization that collects data from end-users located in the EU must comply with ePrivacy. This is true even if the data collecting and\/or processing take place outside the EU or by providers outside the EU.<\/p>\n <\/div>\n<\/div>\n\n\n\n\n\n

CCPA\/CPRA<\/h3>\n\n\n\n

The CCPA\/CPRA<\/a> regulate cross-site tracking differently from the GDPR. Rather than focusing on consent, they aim to give users more control over their information.<\/p>\n\n\n\n

Here\u2019s what that means for your business. You must enable users to opt out of cross-site tracking and promptly disable cross-site tracking tools when they do. Any advertising partners you work with must also stop selling or sharing their site data.<\/p>\n\n\n\n

Opting out should be straightforward, and your website must provide a clear and accessible \u201cNo Not Sell or Share My Personal Information<\/a>\u201d link that users can click to communicate their preferences.<\/p>\n\n\n\n

You must also respect browser-based privacy settings. If a user enables Global Privacy Control (GPC)<\/a> in their browser, you can\u2019t require them to manually click an opt-out link. Here, you\u2019re also responsible for preventing your advertising network from tracking any users who have opted out this way.<\/p>\n\n\n\n

All this means you can engage in cross-site tracking, but you must give visitors the means to withdraw consent and be prepared to disable your tracking tools at their request.<\/p>\n\n\n

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Who needs to comply?<\/div>\n

Any organization that falls under at least one of the following three thresholds must comply with the CCPA\/CPRA:<\/p>\n