As browser developers tighten privacy controls—blocking third-party cookies and limiting tracking—the implications for businesses are growing significant. Under the California Consumer Privacy Act (CCPA), third-party cookies and tracking technologies fall squarely under its broad definition of personal information. For small and medium-sized businesses (SMBs), understanding how browser privacy shifts affect compliance is no longer optional—it’s urgent.

CCPA: What It Says About Browser Cookies and Tracking

1. Third-Party Cookies Are Classified as “Personal Information”

Under the CCPA (Cal. Civ. Code § 1798.140), tracking tools such as third-party cookies, browser fingerprinting, tracking pixels, and IP addresses are considered unique identifiers, thus personal information. This categorization means they must be treated under the law’s framework for privacy and consumer control.

2. Use of Third-Party Cookies May Be Interpreted as a “Sale”

“Sale” is defined broadly in the CCPA: it includes the act of making personal information available to third parties for monetary or valuable consideration. Deploying third-party cookies that enable such sharing—even passively—could be seen as a sale, potentially triggering opt-out obligations. Davis Wright Tremaine

3. CCPA Requires Transparency and Opt-Out Mechanisms

Businesses must clearly disclose data collection via tracking tools, indicating both the purpose and whether that data is sold or shared. Additionally, if a sale is occurring—even indirectly via cookies—SMBs need to provide an easy, conspicuous “Do Not Sell My Personal Information” option. OsanoCalifornia DOJ Attorney General

4. Global Privacy Control (GPC) Is Legally Significant

While mainstream browsers have been slow to adopt it, the CCPA—as interpreted by the California Attorney General—expects businesses to honor the Global Privacy Control (GPC), which signals user preference to opt-out of the sale of their personal data. Noncompliance can lead to enforcement actions.

What This Means for SMBs Facing Browser Privacy Changes

• Tracking Restriction Meets Legal Obligation
  Chrome, Safari, and Firefox limiting third-party cookies may aid smoother compliance. But if your site still uses trackers—and especially if those cookies transfer data to third parties—you’re likely still within the CCPA scope.

• You May Be Subject to CCPA Just by Using Cookies
  Even if your site doesn’t “sell” data in the traditional sense, the CCPA’s definition is broad enough that many SMB websites utilizing analytics or pixels may fall under its rules.

• Review Consent and Opt-Out Capabilities
  If third-party tracking counts as a sale, having only a generic cookie notice won’t suffice. You need clear, actionable opt-out mechanisms—and they should respect browser signals like GPC.

• Transparency Is Non-Negotiable
  Your privacy policy and banners must explicitly state what tracking is in use, who it shares data with, and how users can opt out or disable it.

How Curated Privacy LLC Can Help

At Curated Privacy LLC, we specialize in translating the CCPA’s cookie and tracking requirements into actionable strategies for SMBs:

• Compliance Audits of tracking technologies, including third-party cookies and pixels

• GPC and Opt-Out Integration: Ensuring “Do Not Sell” links and browser signals are properly handled

• Transparency Tools: Clear disclosures of data usage and tracking purposes

• Vendor Agreements: Contracts ensuring third parties play by the CCPA rules

• FREE Consultations to assess your site’s CCPA risk exposure

Don’t wait for a penalty to make compliance a priority. Let us help you turn privacy regulation into a business advantage.

Schedule your FREE consultation today! Visit www.curatedprivacy.com or email info@curatedprivacy.com to ensure your SMB stays compliant, confident, and consumer-friendly.