Advertisers are prohibited from targeting ads based on sensitive data and from transferring to LinkedIn any data collected from children under 16 or constituting sensitive data, including through installation of the LinkedIn Insight Tag on pages collecting medical or financial information. Re-identification of anonymized ad services data without explicit individual opt-in consent is also prohibited.
This analysis describes what LinkedIn's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes specific restrictions on data transferred to LinkedIn through the Insight Tag and ad targeting systems, including a categorical prohibition on sensitive data targeting and child data transfers. LinkedIn reserves the right to check advertiser compliance with these restrictions from time to time.
Under this clause, advertisers are contractually required to ensure that the LinkedIn Insight Tag is not installed on pages collecting medical, financial, or other sensitive data about identifiable individuals, and are prohibited from targeting ads using sensitive data categories. The agreement also prohibits transfer to LinkedIn of any data collected from children under 16.
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"Without limiting the prohibitions in the Advertising Policies or User Agreement, you will not, and you will not enable or authorize any third party to, (a) except with the explicit opt-in consent of the applicable individual, associate any data obtained in connection with the Ad Services ('Ad Services Data') with data that either directly identifies an individual or can be used to identify an individual and is subject to protection under Applicable Law ('Personal Data') or otherwise re-identify such data, or (b) target Ads based on sensitive data (as addressed in our Advertising Policies or otherwise defined by Applicable Law) ('Sensitive Data'). You will also not transfer to LinkedIn any data that you know or reasonably should know was (1) collected from or about children under the age of 16, or (2) constitutes Sensitive Data, including by way of installing the Insight Tag on a page that collects medical, financial, or other Sensitive Data about identified or identifiable individuals.— Excerpt from LinkedIn's LinkedIn Ads Agreement
(1) REGULATORY LANDSCAPE: This provision directly engages GDPR (including special categories of personal data under Article 9), CCPA, COPPA (regarding child data), and applicable state privacy laws including the Illinois BIPA, Virginia CDPA, and Colorado CPA. The prohibition on transferring data about children under 16 is consistent with GDPR Article 8 and COPPA but may be more restrictive than COPPA's 13-year age threshold. Enforcement authority includes the FTC (COPPA), EU supervisory authorities (GDPR), and California Privacy Protection Agency (CCPA). (2) GOVERNANCE EXPOSURE: High. The Insight Tag restriction requires advertisers to audit all pages on which the tag is installed to confirm that no medical, financial, or other sensitive data is collected on those pages. Failure to comply exposes advertisers to both contractual breach claims from LinkedIn and potential regulatory enforcement by data protection authorities. The re-identification prohibition requires advertisers to confirm that any matching or enrichment of ad services data complies with the explicit opt-in consent requirement. (3) JURISDICTION FLAGS: EU and UK advertisers face heightened exposure under GDPR and UK GDPR for any inadvertent transfer of special category data through the Insight Tag. Illinois advertisers should assess whether any biometric or health data collected on tagged pages could constitute BIPA-covered data. US health-sector advertisers should assess HIPAA implications if the Insight Tag is deployed on pages associated with covered entities or business associates. (4) CONTRACT AND VENDOR IMPLICATIONS: Advertisers should conduct a formal audit of Insight Tag deployment across their web properties to confirm compliance with the sensitive data and child data transfer restrictions before and during use of the platform. Marketing technology vendors managing tag implementation on behalf of advertisers should be assessed for compliance with these restrictions as part of vendor due diligence. (5) COMPLIANCE CONSIDERATIONS: Data protection officers and privacy teams should implement a tag governance policy that documents Insight Tag placement decisions and confirms that tagged pages do not collect sensitive data. Consent management platforms should be reviewed to confirm that explicit opt-in consent is obtained before any re-identification of ad services data. Child data controls should be assessed across all digital properties where the Insight Tag is deployed.
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This provision establishes specific restrictions on data transferred to LinkedIn through the Insight Tag and ad targeting systems, including a categorical prohibition on sensitive data targeting and child data transfers. LinkedIn reserves the right to check advertiser compliance with these restrictions from time to time.
Under this clause, advertisers are contractually required to ensure that the LinkedIn Insight Tag is not installed on pages collecting medical, financial, or other sensitive data about identifiable individuals, and are prohibited from targeting ads using sensitive data categories. The agreement also prohibits transfer to LinkedIn of any data collected from children under 16.
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