California Consumer Privacy Act (CCPA)Download Datasheet
What is the CCPA?
The California Consumer Privacy Act (CCPA) is a new law designed to empower California residents to take control of their personal data. It takes effect on January 1, 2020.
While the law goes into effect on January 1, 2020, companies will need to disclose what precautions they took in 2019 to be compliant starting in the new year. You need to start working on your CCPA plans now.
Solve the CCPA challenge
Read on for 11 must-know facts about how you can prepare for the CCPA and provide the best consent experience for your customers.
|What is the CCPA?||The California Consumer Privacy Act (CCPA) is a new law designed to empower California residents to take control of their personal data.|
|When does it go in to effect?||January 1, 2020|
|Is my company affected?||
You must comply with the CCPA when working with any California resident’s information when at least one of the following three criteria apply to your business:
1. Annual gross revenue of $25 million or more; or
|My company is not based in California. Does the CCPA still apply?||Similarly, to the GDPR, the CCPA protects the consumer’s data regardless of where the business operates. If the consumer is a California resident, the law applies no matter where your business is located.|
|What does the CCPA require?||
There are 5 major components to the CCPA.
1. Know what personal information is being collected about them
|What does “personal information” mean?||
In the context of CCPA, personal information is quite broadly defined and likely includes all data you’ve ever collected for a consumer or digital visitor. The CCPA specifically defines it as information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked directly or indirectly with a particular consumer or household.This covers what’s frequently thought of as Personally Identifiable Information (PII), such as name, address, social insurance number, etc. But it also includes any information about that consumer that can be linked to them. This would include geo-ip, page visits, purchase history, and so on. In other words, if you’re collecting information and users and visitors, it would fall under this regulation.
|What are my disclosure requirements?||
Either before collecting or at the time of collecting personal information, your business has to provide the categories and specific pieces of information collected; the sources where that information was collected from; the purpose of the collection; which categories will be shared or sold; and a disclosure of the consumer’s rights.
What constitutes compliant disclosure for collection is still being decided through public forums and will ultimately be decided by the California Attorney General. However, there are some basic requirements that always must be met:
|What does sharing personal information and with whom mean?||
The CCPA discusses sharing data with third parties and the “sale” of personal information. The distinction between these two is still being defined. Selling personal information is held to a higher standard than sharing.
While the definition of “sale” under CCPA is broad, note that it’s more than just a monetary exchange. A “sale” is any kind of consideration or benefit you get in the exchange of data, eg, sharing data into a cookie pool gives your company benefits. This is also considered a “sale” of data.
In general, you’re sharing and not selling when one of the following apply:
If the sharing of information doesn’t meet the above criteria, you must enable the consumer to opt-out of the disclosure of information.
You will need to carefully consider the written contracts that you have with third parties that run on your website to ensure that you and they are CCPA compliant. Consider a tool such as Crownpeak TagControl to know all of the run-time third-party tags and cookies executing on your site. Consider a tool such as the Evidon Consent Platform to ensure that your consent notices are fully compliant.
|What does opt-out of the sale of personal information mean?||
The CCPA requirements for the sale of personal information has three components:
|I’m already GDPR compliant. Am I CCPA compliant, too?||Maybe. In general, the GDPR goes further than CCPA in many regards, but the CCPA has very specific requirements around the sale of personal information. Make sure that your consent solution includes all of the CCPA requirements before assuming you are compliant.|
|What’s the best way to become CCPA compliant?||
The best solution to CCPA compliance is to have:
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