On December 10, 2020, less than two months after proposing previous modifications, the California Attorney General’s Office proposed a fourth set of modifications to the California Consumer Privacy Act (CCPA) regulations based on comments received from the previous modifications proposed. The comment period for this new set of modifications ends on December 28, 2020.
The fourth set of modifications offer two changes to the CCPA’s “right to opt-out of sale” rule. First, they clarify that only businesses that “sell” personal information (as opposed to businesses that “collect” personal information) must provide consumers with an offline notice that informs them how they can submit a request to opt-out from the business. Second, it adds a “Do Not Sell My Personal Information” button that businesses may use in addition to having the link on the bottom of their website. If businesses choose to use the button, it must be located to the left of the link and must be the same size as other buttons used by businesses on the website. Below is an illustration of what the button should look like:
As businesses look ahead to compliance with the California Privacy Rights and Enforcement Act (which goes into effect on January 1, 2023), they should note that the CCPA is still in effect and take steps to comply with the various requirements of the law.
