As part of the Privacy Insight Series, TrustArc presented the webinar “CCPA Update: What You Need to Know about CPRA & July 1st Enforcement” last week with speakers Teresa Troester-Falk, President and Founder of BlueSky Privacy, and K Royal, Associate General Counsel at TrustArc. This blog post will give a brief summary of that webinar addressing the California Consumer Privacy Act (CCPA), its new regulations and the ballot initiative, the California Privacy Rights Act (CPRA); you can listen to the entire webinar and download the slides here.

Definitions 

With the possibility of a July 1 enforcement date quickly approaching, there was a lot to cover in this webinar. K and Teresa discussed the current status of the consumer privacy acts in California, how the CCPA regulations compare to the CPRA, what to expect on July 1st, how to prepare for all possible scenarios and provided resources to ensure compliance by July 1st and beyond. They expanded upon the various definitions for terms within the CCPA regulations and CPRA. For the CCPA, the definition of “business” was clarified in the regulations that the revenue prong of $25M applies to all revenue, and not simply revenue within California. This was a point of confusion for business leaders trying to interpret the often vague text of the CCPA. 

July 1 Enforcement 

In regards to enforcement, K and Teresa discussed the recent communications from the California AG’s office: “The OAG has determined that any delays in implementation of the regulation will have a detrimental effect on consumer privacy as more and more Californians are using online resources to shop, work, and go to school.” Despite the COVID-19 pandemic, it is clear that the AG’s office is serious about protecting Californian’s personal data and unlikely to waiver on the impending enforcement date.

One of the hot topics in California privacy has been whether or not the use of Cookies on websites constitute a “sale” as defined by the CCPA. The attorney general’s comments in the “Final Statement of Reasons” confirm that the office considers this determination to be highly fact-specific and recommends that companies should seek clarification from counsel. However, under the CPRA, there is a new definition of “sharing” that addresses the cookie scenarios – 

“Share,” “shared,” or “sharing” means sharing, renting, releasing, disclosing, disseminating, making oval/able, transferring, or otherwise communicating orally, In writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and o third party for cross-context behavioral advertising for the benefit of a business In which no money is exchanged. (§1798.140(ah)(1)).

TrustArc CCPA “Opt-Out” Solution  

One of the main aspects of CCPA compliance is fulfilling consumer rights requests as consumers have the right to opt-out of the sale of their personal information. As such, the ability for consumers to exercise this right must be found in an easy-to-find location on your website. With TrustArc Cookie Consent Manager now integrated with TrustArc Individual Rights Manager, you can display the “Do Not Sell My Personal Information” link on your cookie banner, providing transparency and improved user experience to your consumers.

In addition, TrustArc Cookie Consent Manager allows you to configure the consent experience based on any geographical compliance requirements as different regulations have different rules. Utilizing TrustArc Cookie Consent Manager allows you to display the applicable consent banner based on the location of the website visitor. For example, you can display a GDPR opt-in notice banner to EU residents and a CCPA notice-only banner to California residents. 

Companies are understandably in varying stages of preparedness, and with less than a month to go, prioritizing compliance elements is key. Wherever you are in your CCPA compliance journey, TrustArc can offer support at any stage of your compliance plan.

For more information on how TrustArc can help, visit TrustArc.com or contact us here.

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