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Session recording, chat widgets and privacy claims

Jurisdiction
California and other US states with two-party consent wiretap statutes.
Last reviewed
2026-09-16

Definition

Session replay tools can record activity such as pointer movements, scrolling and form interactions for later review. Chat widgets and other third-party tools may also receive visitor communications or activity data. Their configuration and data handling need review.

Does it apply to you

  • Your site runs a session recording or heatmap tool.
  • Your site runs a third-party chat widget where the vendor receives the conversation.
  • You run certain analytics or advertising pixels that capture form interactions, which have attracted the same theory.

Why it matters

Claims involving these tools depend on the statute, the data flow and the jurisdiction. Review the actual collection, disclosures, vendor role and consent process with a qualified adviser before deployment.

Requirements

  • Knowing what is running on your pages and disclosing it accurately.
  • Being able to show what a given visitor was told and what they agreed to, at the time they visited.

Steadwatch's role

  • Session recording is off by default. If you ask for it, we add it through the consent system, so it runs only for visitors who have agreed. The same applies to any optional tracking tool.
  • Approved third-party tools are declared, reflected in website disclosures and controlled through the agreed consent configuration.
  • The content security policy restricts permitted origins; tests and vendor review help check what the tools actually do.

Records you receive

  • A consent log showing what was presented and chosen, with dates.
  • A dated test of which third-party requests fire before consent, stating what it covered.
  • A vendor list that matches the origins the browser is permitted to contact.

Your responsibilities

  • Deciding whether the tool is worth the risk. We implement the approved configuration and record its behavior; whether to run it at all is your call, and worth taking advice on.

Sources

  1. California Penal Code section 631 (opens in a new tab)California Legislative Information
  2. California Invasion of Privacy Act, Penal Code sections 630 to 638 (opens in a new tab)California Legislative Information

This page provides general information. Your obligations depend on your business and jurisdiction. Consult a qualified adviser about your circumstances.