Do I Need a 'Do Not Sell My Personal Information' Link? Here's How to Know

The 'Do Not Sell' link is required by CCPA and other states if you use advertising trackers. Here's when you need one and how to add it.

2026-03-05

You've probably seen the "Do Not Sell or Share My Personal Information" link in the footer of major websites. If you run an online store with advertising trackers, you likely need one too.

But "selling" data doesn't mean what most people think it means.

What Counts as "Selling" Data?

Under the CCPA (California), "selling" personal information means making it available to a third party for monetary or other valuable consideration. The CPRA amendment added "sharing," which means making it available for cross-context behavioral advertising — even without money changing hands.

In plain terms: if you use any of these tools, you're likely "selling" or "sharing" data under CCPA:

  • Facebook/Meta Pixel — sends visitor data to Meta for ad targeting
  • Google Ads — shares conversion and audience data with Google
  • TikTok Pixel — sends browsing data to TikTok
  • Pinterest Tag — shares conversion data with Pinterest
  • Google Analytics with Google Ads linked — enables cross-platform ad targeting
  • Any retargeting or remarketing tool — by definition shares data for advertising

If your site loads any advertising tracker, you almost certainly need a "Do Not Sell" link.

Which States Require It?

The "Do Not Sell" link (or equivalent opt-out mechanism) is required by:

  • California (CCPA/CPRA) — explicitly requires a "Do Not Sell or Share My Personal Information" link
  • Colorado (CPA) — requires opt-out mechanism for data sale and targeted advertising
  • Connecticut (CTDPA) — requires opt-out for sale and targeted advertising
  • Texas (TDPSA) — requires opt-out mechanism
  • Virginia (VCDPA) — requires opt-out for sale and targeted advertising
  • Oregon, Montana, New Jersey, and most other states with comprehensive privacy laws

Even states that don't specifically require the exact phrase "Do Not Sell" still require an accessible opt-out mechanism for data sale and targeted advertising.

How to Implement It

Option 1: Link to Your Cookie Consent Banner

The simplest approach: your "Do Not Sell" link opens your cookie consent banner's preference center, where visitors can opt out of advertising cookies. This is the most common implementation and is accepted by regulators.

Option 2: Dedicated Opt-Out Page

Create a page at /do-not-sell or /privacy-choices that:

  • Explains what data is "sold" or "shared"
  • Provides a one-click opt-out mechanism
  • Confirms the opt-out was processed
  • Explains how to re-enable if desired

Option 3: Combined Approach

Link in the footer goes to your cookie consent preferences, which handles advertising cookie opt-out. This is what ClearConsent's banner does — one mechanism handles both cookie consent and the "Do Not Sell" requirement.

Where to Put the Link

  • Website footer — visible on every page (required by CCPA)
  • Privacy policy — reference it with a direct link
  • Checkout page — recommended for e-commerce
  • Cookie consent banner — can serve as the mechanism itself

The CCPA specifically requires the link to be "clear and conspicuous" — buried in a paragraph of text doesn't count.

What Happens When Someone Clicks It?

When a consumer opts out, you must:

1. Stop selling/sharing their data — block advertising trackers from loading for that visitor

2. Remember their choice — use an essential cookie to store their preference

3. Notify third parties — tell your advertising partners to stop processing that consumer's data

4. Not penalize them — you cannot charge more, provide worse service, or deny access because they opted out

Do I Need It If I Only Use Google Analytics?

If you use Google Analytics without Google Ads and without linking to any advertising platform, you're likely not "selling" or "sharing" data. GA4 on its own is analytics, not advertising.

But if GA is linked to Google Ads, or you have any advertising pixel on your site, you need the link.

When in doubt: scan your site. ClearConsent detects exactly which trackers on your site qualify as data "sale" or "sharing" and tells you whether you need a "Do Not Sell" link.

Scan your site free — no signup required.

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