California Consumer Privacy Act (CCPA)

Defining Cookie Consent under the CCPA

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What is the CCPA?

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) introduces new data privacy rights for California residents – forcing companies that conduct business in the state of California to implement structural changes to their privacy programs.

CookiePro directly addresses CCPA cookie requirements and sets organizations on the right trajectory for compliance. ​

Many privacy challenges stem from marketing teams that too often collect personal data and freely use it without first understanding potential legal repercussions. CookiePro tools bridge the gap between privacy and marketing teams with powerful tools that not only promote compliance, but also drive greater personalization and can increase opt-in rates..

Who does the CCPA apply to?  

The CCPA is not focused on the size of your business, but whether it meets certain criteria as outlined below.   

The CCPA applies to businesses, which are defined as for-profit organizations that collect personal information about residents in California, determine the purpose and means of the processing, does business in the State of California, and that meets one or more of the following:  

  1. Annual gross revenue is over $25M 
  2. Annually buys, receives, sells, or shares personal information over 50,000 California consumers, households or devices
  3. Derives at least 50% of annual revenue from selling California consumers’ personal information

What information is covered in the CCPA? 

Before we start getting into the specifics of the law, we need to define personal information (as defined by CCPA.) According to the CCPA, personal information includes obvious things such as names, addresses, SSNs, and email addresses. It also includes geolocation, IP addresses, shopping or browsing history, psychological profiles, behaviors, attitudes, consumption behaviors, and consumer preferences. 

The Right to Opt Out 
Consumers now have the right to “opt-out” of a business selling their information.

This means that third-party businesses will not be able to sell customer information unless the customer has received a notice and is given a right to “opt-out” first. 

The Right to Access 
Consumers can request access to their personal information that a business has stored. In other words, a consumer may ask what information a business has collected on them, and that business will be required to detail what specific type of information was collected. 

The Right to Delete 
Consumers can request to have their information deleted, and businesses must comply. 

There are a few exceptions to this including transactions, security incidents, errors, free speech, internal uses, and legal compliance. 

Do Not Sell My Personal Information 
Businesses that are subject to CCPA will be required to insert a link on their homepage — as well as in their privacy policy — that leads to an opt-out page for consumers. Take a look at the complete Do Not Sell guide.

Opt-in for Children 
Businesses will be required to collect opt-in for children under the age of 16. For children that are under 13, the opt-in must be collected from a parent or guardian. 

Become CCPA Compliant with CookiePro

Track Do Not Sell opt-outs with many unique identifiers.

Under the CCPA, personal information includes anything that identifies, relates to, or can be associated with a consumer, household, or device. Via CookiePro, track do not sell requests by many unique identifies, such as account number or device ID.

Action Do Not Sell requests via integration with existing systems.

CookiePro communicates with existing systems to help ensure personal information is not sold if a consumer has opted out.

Enable the ability to track consumer opt-outs.

Under the CCPA, organizations can request that opted out consumers opt back into the sale of their personal information after 12 months. CookiePro allows organizations to track this information and drive re-engagement with your customers.

Enable location-based cookie banners.

Via geolocation technology, CookiePro can display different cookie banner based on location, giving organizations flexibility with developing their cookie strategy

Categorize cookies to meet CCPA-specific opt-out.

With CookiePro, categorize cookies to bundle those that involve a sale of personal information. Then, enable opt-out for only those specific cookies through a CookiePro-created cookie banner.

Tailor cookie banner text for the CCPA.

Many organizations are seeking guidance when considering their cookie approach under the CCPA. CookiePro offers cookie banner text recommendations and customization capabilities.

Display notice of sales of information.

Build trust and transparency by clearly communicating to consumers that their personal information is sold unless the consumer opts out.

Create and update a CCPA-specific cookie policy

Leverage CookiePro to create, edit, track and display your organization’s CCPA cookie notice.

New regulations shouldn’t mean that compliance has to be complicated.

CookiePro was built to help website owners achieve and maintain cookie compliance easily, simplifying cookie consent through an automated website or app scan against the largest database of pre-categorized cookies, built-in templates and multiple consent models that can be easily tailored to address regulation standards, and automation of data subject requests. CookiePro is powered by OneTrust, the industry leading privacy management platform.