When it comes to online tracking, everyone talks about cookies. They’re the internet’s version of a guestbook—dropping little reminders that you were here. But cookies are just the start. Enter device fingerprinting—a method so stealthy, it works without leaving crumbs. Unlike cookies, which can be deleted, device fingerprinting collects a combination of data points to create a unique identifier for each user. And no, despite the name, it has nothing to do with actual fingers.

Compared to traditional tracking methods, device fingerprinting is more persistent, harder to evade, and doesn’t require user consent in the same way cookies do. While this raises valid privacy concerns, it also offers real benefits—especially for security, fraud prevention, and personalization. So, instead of joining the usual chorus of legal warnings, we’re taking a different approach: breaking down what this technology is, how it works, why businesses might want to use it, and, most importantly, how to do so legally and ethically.

What Is Device Fingerprinting?

Device fingerprinting is a tracking technique that collects multiple attributes from a user’s browser and device to create a unique profile. This profile allows websites to recognize visitors even if they clear their cookies or use incognito mode.

Some of the data points used for fingerprinting include:

• Operating system

• Browser type and version

• Installed fonts and plugins

• Screen resolution and color depth

• Time zone and language settings

• Audio and video processing capabilities

• WebRTC leaks (which reveal internal IP addresses)

By combining these factors, companies can generate a fingerprint that is difficult to change. Even if a user blocks cookies, switches browsers, or uses a VPN, they can often still be identified.

How Device Fingerprinting Works in Practice

When a user visits a website, the server runs scripts that collect and analyze multiple device attributes. The collected data is then combined into a hash, creating a unique identifier for that specific device. If a user revisits the website, the server checks the new fingerprint against the stored database. If the fingerprint matches a previously recorded one, the site recognizes the device as a returning visitor.

Some real-world applications include:

• Financial Institutions: Banks use fingerprinting to detect fraudulent login attempts by recognizing unusual devices.

• E-Commerce Platforms: Online retailers prevent multiple accounts from gaming loyalty programs.

• SaaS and Enterprise Services: Companies track employee logins to prevent unauthorized access.

Digital Fingerprinting: A Bigger Picture

While device fingerprinting focuses on identifying and tracking specific devices, digital fingerprinting takes a broader approach to tracking online behavior across multiple devices and platforms. This includes account linking, behavioral tracking, and cross-platform tracking.

Recent developments, such as Google’s shift toward Privacy Sandbox, illustrate how digital fingerprinting is evolving. Instead of relying on third-party cookies, companies like Google are increasingly using digital fingerprinting to associate user activity across different devices and applications—even when users take steps to block traditional tracking methods.

How Digital Fingerprinting Differs from Device Fingerprinting

• Device Fingerprinting: Focuses on identifying a specific device based on its unique attributes.

• Digital Fingerprinting: Goes beyond device characteristics, linking user identities across multiple devices (phones, tablets, laptops) and platforms.

For example, if a user logs into Gmail on their laptop and later uses Google Search on their phone, Google can use digital fingerprinting techniques to link those activities, even if the user isn’t logged into the same account on both devices. This cross-device tracking is more advanced and harder to opt out of than traditional cookie-based tracking.

Why This Matters for Businesses

• Cross-device marketing: Businesses can serve ads and content recommendations more effectively by recognizing users across multiple devices.

• Account security: Identifying fraudulent access attempts across different platforms.

• Personalization: Creating a seamless experience for users, even when switching devices.

However, this also raises serious privacy questions, as digital fingerprinting can be used to track users in ways they may not fully understand or expect.

The Ethical Debate: Balancing Privacy with Innovation

Pros of Fingerprinting Technologies

• Security: Prevent fraud and unauthorized access.

• Better User Experience: Seamless logins and personalized content.

• Accuracy: More reliable than cookie-based tracking.

Cons of Fingerprinting Technologies

• Privacy Risks: Can be used for surveillance or hidden tracking.

• Regulatory Challenges: Increasing scrutiny from lawmakers.

• User Awareness: Many users don’t know they’re being fingerprinted.

While businesses gain significant benefits, they must also take responsibility for transparency, ethical use, and compliance with privacy laws.

U.S. Laws and Compliance Considerations

Unlike Europe, where the GDPR has set strict limitations on device fingerprinting, the U.S. privacy landscape is a patchwork of state-specific laws. However, most major privacy regulations in the U.S. treat fingerprinting as a form of personal data processing, meaning companies need to be mindful of compliance obligations.

California: CPRA & CCPA

The California Privacy Rights Act (CPRA) and its predecessor, the California Consumer Privacy Act (CCPA), require businesses to disclose when they collect personal data—including device fingerprints. Companies must allow users to opt out of “sale” or “sharing” of their data, which can apply to fingerprinting used for cross-site tracking.

Texas: CUBI (Consumer Data Privacy Act)

Texas has recently passed the CUBI Act, which, while not as strict as the GDPR, still requires transparency about data collection practices. Businesses using fingerprinting in Texas should disclose this in their privacy policies and ensure they have mechanisms to honor opt-out requests.

Washington: My Health My Data Act

Washington’s My Health My Data Act expands privacy protections to data related to health and wellness. If fingerprinting is used to track health-related browsing behavior, it could trigger compliance obligations under this law.

GDPR (for U.S. Companies with EU Visitors)

Even though Unified Law is a U.S.-based company, if a business collects device fingerprints from users in the EU, it must comply with the General Data Protection Regulation (GDPR). Under GDPR, fingerprinting qualifies as personal data, meaning explicit consent is required before tracking users.

Conclusion

Device fingerprinting and digital fingerprinting are becoming essential tools for businesses looking to enhance security, prevent fraud, and improve customer experiences. However, as these tracking techniques evolve, so do privacy concerns and legal considerations.

For businesses using fingerprinting—whether for security, marketing, or personalization—staying compliant with the ever-changing legal landscape is critical. Companies that implement fingerprinting responsibly, with transparency and user control, will be better positioned to navigate these challenges while leveraging the advantages of this powerful technology.

About Unified Law

Unified Law combines legal expertise with a deep understanding of emerging technology to help businesses navigate complex regulatory landscapes. Our team works closely with companies to implement cutting-edge tools like device fingerprinting that maximize security and efficiency while staying compliant with evolving privacy laws.

Contact Unified Law today if your company is considering implementing device fingerprinting and wants to ensure compliance. We provide tailored legal guidance, risk assessments, and best practices to help your business stay ahead of regulatory changes while leveraging the benefits of this powerful technology.