March 24, 2020 COMSTRAT

State of California new consumer privacy laws are now in effect

On January 1, 2020 the California Consumer Privacy Act (CCPA) went into effect. Enacted in 2018, the new law works to protect the privacy rights for California consumers akin to the European Union’s General Data Protection Regulation, or GDPR.

California consumers now have the right to: 

  • Know what personal information is collected, used, shared or sold, both as to the categories and specific pieces of personal information;
  • Delete personal information held by businesses and by extension, a business’s service provider;
  • Opt-out of sale of personal information: consumers are able to direct a business that sells personal information to stop selling that information; children under the age of 16 must provide opt-in consent, with a parent or guardian consenting for children under 13;
  • Non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.

The law applies to businesses that meet one or more of the following criteria:

  • Have gross annual revenues in excess of $25  million;
  • Buys, receives, or sells the personal information of 50,000 or more consumers, households, or devices;
  • Derives 50 percent or more of annual revenues from selling consumers’ personal information;
  • As proposed by the draft regulations, businesses that handle the personal information of more than 4 million consumers will have additional obligations.

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