What is CCPA? and how does it affect you? This private right of action applies to companies that collect, use, or share consumer information. This law affects non-California businesses with consumers in California. While the types of visitors to your website vary, you should understand that it is applicable to all types of information collection. Listed below are the most common types of data that fall under this law.
CCPA affects non-California companies with consumers in California
The CCPA applies to for-profit businesses that do business in California and collect personal information about California residents. Businesses in other states that conduct business in California must follow the CCPA if they have a physical presence in California. However, if the business has a common brand name with a California-based company, then the businesses must adhere to the CCPA.
The California Consumer Privacy Act (AB 375) was signed into law in June 2018 and will go into effect on January 1, 2020. The law empowers consumers to know what data companies have about them and, more importantly, gives them the ability to control it when collected by private entities such as eCommerce merchants. Here are three key points about the law that you need to know if you do business in California or will be collecting personal information from California residents.
Here are three key points about CCPA 1. Companies with less than $25 million in annual gross revenue must comply with CCPA if they conduct business in California;
2. All companies doing business in California, including those not based there, must comply with CCPA if they offer goods or services to Californians;
3. Companies should determine what types of personal information they have collected from Californians and start preparing for compliance by September 2020 when the law takes effect.
Fair Information Practices
The Fair Information Practices Principles are a set of internationally recognized guidelines for data privacy. They’ve been around since 1973, and were updated in 2013 to reflect modern concerns about data privacy. The principles are:
- -Transparency: Organizations should be clear about what personal data they collect, why they collect it, and how it will be used.
- -Consent: Organizations should only collect and use personal data with the individual’s knowledge and consent. -Data Quality: Personal data must be collected legally, fairly, and accurately. It should also be relevant to the purposes that they’re being collected for
Oversight and Enforcement
The California Attorney General’s office will be responsible for enforcing the CCPA. They will have the power to issue fines of up to $2,500 for each violation and $7,500 for each intentional violation. The AG’s office can also bring lawsuits against companies that violate the law. If a company violates the CCPA in an unfair or deceptive way, they may also be subject to criminal penalties. The maximum penalty for a felony is $5,000 or imprisonment for one year. In addition to enforcement by the AG’s office, citizens can file civil suits against companies which violate the CCPA. If successful, these actions may result in civil penalties of up to $2500 per violation and treble damages. Citizens who successfully sue under the CCPA must also receive restitution from any money collected as a result of their lawsuit (unless attorney fees are collected it).
It creates a private right of action
While the CCPA establishes a private right of action for consumers, the definition of this right is vague and undefined. It generally applies to data breaches involving the collection of personal information, such as a full name, social security number, credit card number, geolocation data, or non-unique biometric data. Other categories of personal information do not qualify for this right, such as professional information.
It requires companies to protect personal information
The CCPA is a new privacy regulation that came into effect on January 1, 2020. It sets forth requirements for businesses to protect the personal information of California residents. Companies processing information for consumers in California must adhere to the CCPA’s regulations, including establishing data privacy agreements with third parties and protecting personal information with reasonable safeguards. Companies must comply with the new regulation if they make more than half of their annual revenue from the sale of consumer information. Some businesses are exempt from the CCPA, including government entities, nonprofit organizations, and certain small businesses.
It requires companies to disclose their data practices online
The CCPA is a new privacy law that requires companies to give consumers access to their information. Companies collect personal information from consumers to target marketing campaigns and increase sales. The law requires businesses to verify consumers’ identities and disclose the value of consumer information. Additionally, the CCPA requires companies to keep records of access requests for twenty-four months. Consumers also have the right to learn when companies collect and use their information and to have it deleted.
The California Consumer Privacy Act (CCPA) is a new law that affects businesses that collect, process, or sell the personal data of California residents. The law gives consumers new rights with respect to their personal data, including the right to know what personal data is being collected about them, the right to have their personal data deleted, and the right to opt out of the sale of their personal data. Businesses that collect, process, or sell the personal data of California residents must comply with CCPA. In addition, CCPA subjects companies to significant penalties for noncompliance. For example, under California’s Unfair Competition Law, businesses may be liable for up to $2,500 per violation if they willfully disregard their obligations under the law.