/>iMost modern U.S. data privacy statutes require companies to allow data subjects to opt-out of having their personal information used for targeted advertising. As the following chart indicates, the term “targeted advertising” is defined consistently between and among most state statutes with the noticeable exception of the California Consumer Privacy Act (CCPA) and its successor, the California Privacy Rights Act (CPRA). Unlike the other state privacy statutes, the CPRA’s definition of “cross-context behavioral advertising” (the term relating to “targeted advertising” that is used within the CPRA) does not expressly state that such activity must be based upon the observation of a consumer’s activities “over time,” or that it must involve predictions about the consumer’s preferences or interests. It is possible that the California Privacy Protection Agency (CPPA) or California courts will ultimately align the CPRA’s definition with that used in other states’ statutes by finding that both elements are implied.
| Definition Explicitly Requires |
California 2022 CCPA |
California 2023 CPRA |
Virginia 2023 VCDPA |
Colorado 2023 CPA |
Utah 2023 UCPA |
Conn. 2023 CTDPA |
| Ads are displayed to a consumer | N/A | ✔[1] | ✔[2] | ✔[3] | ✔[4] | ✔[5] |
| Selection based on activities over time | N/A | ✘ | ✔[6] | ✔[7] | ✔[8] | ✔[9] |
| Selection based on activities across nonaffiliated websites or online applications | N/A | ✔[10] | ✔[11] | ✔[12] | ✔[13] | ✔[14] |
| Selection based upon prediction of consumer’s preferences or interests | N/A | ✘ | ✔[15] | ✔[16] | ✔[17] | ✔[18] |
[1] Cal. Civ. Code 1798.140(k) (West 2021) (relates to the definition of cross-context behavioral advertising).
[2] Va. Code 59.1-571 (2022).
[3] C.R.S. 6-1-1303(24)(a) (2022).
[4] Utah Code Ann. 13-61-101(34)(a) (2022).
[5] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
[6] Va. Code 59.1-571 (2022).
[7] C.R.S. 6-1-1303(24)(a) (2022).
[8] Utah Code Ann. 13-61-101(34)(a) (2022).
[9] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
[10] Cal. Civ. Code 1798.140(k) (West 2021) (relates to definition of cross-context behavioral advertising).
[11] Va. Code 59.1-571 (2022).
[12] C.R.S. 6-1-1303(24)(a) (2022).
[13] Utah Code Ann. 13-61-101(34)(a) (2022).
[14] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
[15] Va. Code 59.1-571 (2022).
[16] C.R.S. 6-1-1303(24)(a) (2022).
[17] Utah Code Ann. 13-61-101(34)(a) (2022).
[18] Connecticut Substitute Bill No. 6, § 1(28) (2022) (pending governor approval).
