Professional Documents
Culture Documents
0000000suffering From CCPA Compliance Nightmares - Corporate Compliance Insights
0000000suffering From CCPA Compliance Nightmares - Corporate Compliance Insights
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
You know it’s out there. Lurking. It’s that privacy thing.
But where to begin? There isn’t much guidance on the CCPA. Maybe Congress will enact
a federal privacy law and it all will go away in the morning?
Not likely. (Or at least not any time soon.) The CCPA is here to stay.
10 Actions to Move
Toward CCPA
Compliance
1. Publish the Notices Required by the CCPA.
The CCPA requires businesses to publish “notices” informing consumers about the
personal
HOME information
ABOUT theARTICLES
businessescollect about them.
INDUSTRY NEWSBusinesses
JOBSmustEVENTS
provide these
notices at or before the time the information is collected, and if businesses collect
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
personal information offline (such as through security cameras), businesses must provide
consumers with notice via a paper handout or prominent sign directing them to the web
address where the notice can be found. Businesses also must explain any financial
incentives that they offer in exchange for the retention or sale of consumers’ personal
information, and they must explain that consumers can withdraw from the financial
incentive at any time. Finally, businesses must inform consumers of their right to opt out of
the sale of personal information and how to exercise that right. These requirements are
explained in detail in the Attorney General’s draft regulations implementing the CCPA.
And while you’re at it, now also would be a good time to make sure that the privacy policy
meets the requirements of two more California privacy laws: the California Online Privacy
Protection Act[3] and California’s “Shine the Light” Law.[4]
a clause prohibiting the vendor from retaining using or disclosing personal information
for any purpose other than performing the services specified in the contract or the
CCPA and
Where possible and accurate, the vendor contracts should document that the vendor is a
“service provider” or a “third party” as defined by the CCPA, so the business’s disclosure
of information to the service provider is not a “sale” of the information.
The privacy policy also must be available in an additional format that allows consumers to
print it out as a separate document, and it must be accessible to consumers with
disabilities. In fact, now is a good time for businesses to make sure that their entire
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
website is accessible to people with disabilities. Several United States Courts of Appeal
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
have held that websites that have a connection to a physical place of accommodation
must comply with the Americans with Disabilities Act. Most recently, the Ninth Circuit
reached this conclusion in Robles v. Domino’s Pizza, LLC, 913 F.3d 898, 905 (9th Cir.
2019). In California, the violations of the ADA also are violations of the California Unruh
Civil Rights Act, which allows plaintiffs to recover damages of up to three times actual
damages but no less than $4,000 per violation, along with attorneys’ fees. There currently
is no legal prescription for web accessibility, but the Web Content Accessibility Guidelines
(WCAG) 2.0 level AA are frequently referenced by courts as being the appropriate
standard.
The CCPA doesn’t have to be a nightmare. Tackling these CCPA action items will go a
long way toward putting your business on the path to compliance and a peaceful night’s
sleep.
[2] Id.
Stacey Garrett
Related Posts
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
HOME ABOUT ARTICLES INDUSTRY NEWS JOBS EVENTS
DOWNLOADS PODCASTS VIDEOS SUBSCRIBE
Search...
Privacy Policy
Follow Us
Category