The digital landscape is continually evolving, and the laws that protect consumer privacy are also shifting. In California, the California Consumer Privacy Act (CCPA) sets the standard for how businesses handle personal information.
Staying compliant can seem daunting, but breaking it down into manageable steps can make all the difference. Here’s a comprehensive checklist to guide your business through CCPA compliance.
1. Data inventory and mapping: Know your data
First things first, you need to know what data you have:
- Conduct a thorough inventory of all personal information (PI) your business collects, processes, shares, or sells.
- Identify all sources of personal information, including websites, forms, HR systems, marketing automation platforms, etc.
- Document categories of personal information such as identifiers, customer records information, biometric information, geolocation data, browsing information, etc.
- Don’t forget to identify sensitive personal information (SPI), such as Social Security Numbers, biometrics, geolocation data, and private communications.
- Mapping data flows is crucial to understanding how PI moves through your systems and who it’s shared with.
- Determine retention periods for each category of personal information.
- Document the legal basis for processing each category of personal information.
- Assess current data minimization practices.
- Use data inventory and mapping technology to fully automate the discovery of personal information (including sensitive personal information).
2. Update privacy notices: transparency is key
Ensure your privacy notice clearly communicates the organization’s data practices to consumers.
- Review the existing privacy notice for CCPA compliance.
- Clearly and conspicuously disclose categories of personal information collected.
- Clearly and conspicuously disclose purposes for collecting personal information.
- Clearly and conspicuously disclose categories of personal information sold or shared and to whom.
- Clearly and conspicuously disclose purposes for selling or sharing personal information.
- Clearly and conspicuously disclose categories of sensitive personal information collected and the purposes for its collection and use.
- Explain consumer rights under CCPA (right to know, delete, correct, opt-out of sale/sharing, limit use of sensitive data, non-discrimination).
- Provide clear instructions on how consumers can exercise their rights.
- Disclose retention periods for each category of personal information, or the criteria used to determine such periods.
- Ensure the privacy notice is easily accessible on your website or mobile app.
- Translate the privacy notice into relevant languages if your business serves a diverse consumer base.
- Implement a process for regular review and updates of the privacy notice.
3. Consumer rights management: Empowering individuals
- Establish a system for receiving and responding to consumer requests.
- Develop a clear process for verifying consumer identity for “right to know” and “right to delete” requests.
- Ensure that only necessary information is collected and used for identity verification purposes, and that such data is not used for any additional purpose without consent.
- Create standardized procedures for fulfilling each type of request (be aware of timelines for the right to know, access, and delete within 45 days, extendable to 90 days with notice):
- Train staff on handling consumer requests and verification procedures.
- Maintain records of consumer requests and responses.
- Implement a process for addressing appeals of consumer rights decisions.
- Ensure non-discrimination against consumers who exercise their CCPA rights.
4. Vendor and contractor management: Ensuring third-party compliance
- Identify all third-party vendors and contractors who receive or process personal information.
- Review existing contracts with identified vendors/contractors for CCPA compliance.
- Require all new and existing contracts to include specific CCPA-compliant clauses (e.g., auditing and monitoring provisions, and breach reporting obligations)
- Conduct due diligence on new vendors’ privacy and security practices.
- Implement a process for regular review and assessment of vendor compliance.
- Establish clear communication channels with vendors for handling consumer requests and data incidents.
- Maintain a centralized record of all third-party vendors and their data processing activities.
5. Data governance and security: Protecting information
- Implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information.
- Develop and implement a comprehensive data retention policy.
- Establish a data breach response plan.
- Implement data minimization principles – collect only the personal information necessary for the stated purpose.
- Establish clear internal policies and procedures for data handling and security.
- Leverage risk and compliance solutions and TrustArc tools for conducting security audits, risk assessments of all data management-related technologies, and risk assessments of third parties’ compliance processes and procedures.
6. Employee and training programs: Internal awareness
- Develop a comprehensive CCPA training program for all relevant employees.
- Provide specific training for employees responsible for fulfilling consumer rights requests.
- Integrate privacy awareness into new employee onboarding processes.
- Establish clear internal guidelines and policies for data privacy and security.
- Provide a point of contact for employees to ask privacy-related questions or report concerns.
7. Opt-out and consent mechanisms: Giving control to consumers
- Implement a clear and conspicuous “Do Not Sell or Share My Personal Information” link on your website homepage and any other relevant pages.
- Implement a clear and conspicuous “Limit the Use of My Sensitive Personal Information” link.
- Recognize and respect Global Privacy Control (GPC) signals as valid opt-out requests for sale/sharing.
- Clearly explain the implications of opting out of sale/sharing.
- Ensure that opting out is frictionless and does not require creating an account.
- Provide a mechanism for consumers to change their consent preferences at any time.
- If using cookies or similar tracking technologies, ensure compliant consent mechanisms.
- Avoid dark patterns that trick or manipulate consumers into opting in or not opting out.
8. Monitor and respond to enforcement actions: Staying informed
- Stay updated on guidance and enforcement actions from the California Privacy Protection Agency (CPPA). Maintain thorough records of your compliance efforts to prepare for potential audits or investigations.
9. Prepare for amendments: Immediate impact
- Engage legal counsel to ensure accurate interpretation and implementation of new requirements.
- Review and update internal policies and procedures to reflect CCPA changes.
10. Conduct regular reviews: Continuous improvement
- Periodically review and update your compliance programs to reflect changes in the law, business practices, or enforcement trends.
- Perform tabletop exercises to test the effectiveness of processes for consumer rights requests, vendor management, employee training, and data breach response plans.
- Document all review findings, including any identified deficiencies.
- Develop and implement corrective action plans for any non-compliance issues.
- Track the progress of corrective actions and verify their effectiveness.
- Use privacy and legal solutions to implement and maintain data management policies and procedures and address CCPA compliance requirements in contracts with service providers, third parties, contractors, and other entities.
Navigating the complexities of CCPA compliance doesn’t have to be an overwhelming task. By systematically working through the checklist provided, businesses can build a robust framework that not only meets legal obligations but also fosters greater trust with their customers.
Remember, privacy is an ongoing journey, not a one-time destination. Regular reviews, continuous adaptation to evolving regulations like the CCPA, and a commitment to data protection will ensure your business remains compliant, protects consumer privacy, and strengthens its reputation in the ever-changing digital world.
Embracing these practices is not just about avoiding penalties; it’s about building a more responsible and customer-centric business for the future.
Nymity Research
Get detailed insights, tools, and templates to help you manage the CCPA and other regulations.
Start a free trial
Automate Your Privacy Program
Centralize privacy tasks, automate your program, and seamlessly align with laws and regulations.
Learn more
