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Does the CCPA require businesses that develop software or online browsers to provide consumers a user-enabled privacy control?

By Darren Abernethy on November 3, 2020
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No.

The regulations implementing the CCPA require that in-scope businesses must provide two or more designated methods of submitting requests to opt-out, including an interactive form accessible via a clear and conspicuous link titled “Do Not Sell My Personal Information,” on the business’s website or mobile application.[1]

In addition to the “DNSMPI” link noted above, one of the other “acceptable methods” for submitting sale opt-out requests (along with use of a toll-free phone number, a designated email address, and forms submitted in person or via the mail) is user-enabled global privacy controls (“GPC”), such as a browser plug-in or privacy setting, device setting, or other mechanism to “clearly communicate or signal” a consumer’s request to opt-out of the sale of their personal information (“PI”).  The effect of a GPC is to provide consumers a mechanism to broadly signal an opt-out request, as opposed to going website-by-website to make individual requests.  The CCPA, and the regulations implementing the CCPA, do not, however, mandate that software developers, or developers of website browsers, include a GPC control in their products.

According to the regulations implementing the CCPA, businesses that collect personal information from consumers online must treat user-enabled GPCs as a valid opt-out request for that browser or device, or, if known, for the consumer.[2]]  The Office of the California Attorney General has indicated its view that if businesses were to have the discretion to not respond to such a mechanism, it is likely they would ignore or reject a GPC, just as many companies choose not to honor “do not track” signals when not required.[3]

[1] CCPA Regulations § 999.315(a).

[2] CCPA Regulations § 999.315(c).

[3] FSOR at 37-38.

Photo of Darren Abernethy Darren Abernethy

Darren J. Abernethy is an ad tech, data privacy and cybersecurity attorney with more than a decade of experience, including in Am Law private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients

…

Darren J. Abernethy is an ad tech, data privacy and cybersecurity attorney with more than a decade of experience, including in Am Law private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients on matters related to digital advertising, privacy law compliance, data breach management, M&A, and FTC best practices.

Darren’s concentrations include data-driven marketing campaigns, the California Consumer Privacy Act (CCPA) and other U.S. state privacy laws, the European Union General Data Protection Regulation (GDPR)/ePrivacy, direct marketing, and IP-related transactional matters.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Data Privacy Dish
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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