California is imposing tough new rules on processing the data of anyone under the age of 18, with the potential to affect businesses that don't target younger consumers.
The California Consumer Privacy Act (CCPA) provides California residents the right to opt-out of the sale or sharing of their personal information. "Selling" under the CCPA means making personal information available to a third party in exchange for valuable consideration (including free or discounted software). "Sharing" means using consumers' personal information for "cross-context behavioral advertising," i.e., interest-based advertising.
As a business, you will have to determine if you sell or share personal information under the CCPA, such as through the use of interest-based advertising. If you are selling or sharing information, you must provide California consumers with a way to opt-out.
If you use interest-based advertising, you’ll want to ensure web visitors can opt out of having their information shared with ad networks. Doing so helps you build trust with customers and web visitors through transparent consent-based privacy practices. Additionally, non-compliance with the CCPA may result in monetary penalties. Read about why it’s better to get compliant sooner rather than later.
Opt-out tracking isn’t just required by the law, it’s also good business practice. By recording the specific dates that requests were made, you can schedule a request to ask the consumer to opt-in again after 12 months.
There is no one perfect way to track opt-outs but you’ll want to consider a variety of methods to determine what works best for you.
Disclaimer: This content is provided for general informational purposes only and does not constitute legal or other professional advice. Without limiting the foregoing, the content may not reflect recent developments in the law, may not be complete, and may not be accurate or relevant in an applicable jurisdiction. This content is not a substitute for obtaining legal advice from a qualified licensed attorney in the applicable jurisdiction. The content is general in nature and may not pertain to specific circumstances, so it should not be used to act or refrain from acting based on it without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.
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