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Behind every marketing campaign is the challenge of understanding how one person interacts across many channels. Visitor stitching makes that understanding possible by linking activity from different devices, browsers, and sessions into a single profile.

This is often done through identity graphs in Customer Data Platforms (CDPs), hashed emails, mobile advertising IDs, and tag managers. These systems align identifiers to create consistency across platforms and campaigns. But stitching also introduces complexity, especially around transparency, consent, and accountability.

How Visitor Stitching Works

The process typically follows three steps:

  1. Capture identifiers. Tags collect personal identifiers found in cookies, hashed emails, or mobile advertising IDs.
  2. Resolve identity. These identifiers are matched and merged (“stitched”) together by systems like CDPs to build a single user profile.
  3. Activate the profile. The unified profile powers personalization, measurement, and advertising across systems.

This entire flow often runs in the background, across vendors and platforms – often without oversight. Consent signals don’t always carry over cleanly, and visibility into how identity is resolved can be limited.

Why Marketing Invests in Visitor Stitching

The business case is straightforward:

  • Track users across devices to improve attribution.
  • Personalize experiences to boost engagement.
  • Reduce duplicate profiles and wasted ad spend.

Visitor stitching supports these goals by providing a more complete view of user behavior. 

On the other hand, the same mechanisms that improve marketing performance can complicate compliance, especially when pieces of the system aren’t fully capturing, remembering, or respecting consent preferences.

Legal Risks Hiding in Identity Resolution

Visitor stitching can turn routine marketing into a compliance liability. Here are five common areas of exposure:

1 | Sharing vs. Selling Under State Laws

Transmitting hashed emails or other identifiers to ad platforms can count as “sharing” under laws like the CPRA, even without direct payment. If used for targeting, these transfers may trigger opt-out rights or even be considered “selling” depending on the context.

2 | Consent Drift Across Systems

Consent doesn’t follow the user by default. Someone might opt out of tracking on your website, but get re-identified later through a marketing email on another device. That gap, known as consent drift, creates legal exposure and undermines trust.

3 | Disjointed DSAR Fulfillment

Users have the right to ask what data you hold on them, and to request that you delete it. But when you’re stitching disparate data across systems, fulfilling these requests accurately becomes much harder. Incomplete or inconsistent responses can violate GDPR and state laws.

4 | Multistate Complexity

As of mid-2025, more than 20 U.S. states enforce privacy laws each with different definitions, thresholds, and consent rules. Stitching multiplies the number of identifiers in play, complicating opt-out enforcement and recordkeeping.

5 | Lack of Real-Time Oversight 

Identity stitching often runs on autopilot. Without continuous real-time monitoring, it’s hard to keep track of the consent status for every user and every technology in your MarTech stack. That lack of visibility makes it difficult to defend your practices if regulators or plaintiffs come knocking.

What Legal and Privacy Leaders Should Do

Visitor stitching isn’t inherently unlawful. But it raises the bar for oversight. Legal and privacy teams must actively validate that the organization’s digital properties are honoring consent at every step. That means:

  • Contractual controls. Ensure all vendors handling identity resolution are under strict service provider agreements.
  • Tag-level enforcement. Consent logic must be implemented directly in the tag manager to prevent unauthorized data capture. This usually requires clear communication and coordination with marketing operations or development teams.
  • System mapping. Maintain a live inventory of where your stack is building, storing, and activating unified profiles.
  • Consent synchronization. Make sure opt-out signals travel across devices, not just within browsers.
  • Timestamped logs. Store proof of consent status at the moment of stitching and activation.

These measures create the operational controls needed to manage risk, respond to regulators, and maintain trust. Without them, what looks like good marketing could quietly become your biggest compliance risk.