Find Out if Your Business Has to Comply with CCPA.
The new California Consumer Privacy Act (CCPA) came into effect in January and has been enforced since July 2020. Through this post I want to share information to avoid the confusion and panic that accompanied the roll out of GDPR (who can forget the scores of unnecessary emails and notices that proliferated at the time).
A lot of misinformation has been shared with all of you from a variety of sources over the last few months. That is why I am posting this, so that you know exactly what this all means, and so that you can have peace of mind about the process.
Please ignore the noise. We have your backs.
Please note the US has not really taken privacy seriously in any comprehensive way until now, and we predict that the California law will be a model for future state legislation. Complying with the CCPA will be a valuable and pragmatic exercise in order to be prepared for the future.
The Basics:
For-profit businesses that collect or use personal information, do business in California, and meet certain thresholds (related to revenue and data collection) may be required to comply with CCPA.
Do you (and your business) have to comply with CCPA? The answer is YES, if:
1. You are a for-profit business that does business in California;
2. Your business collects personal information from California consumers;
3. Your business determines the purposes and means of processing that personal information of California consumers;
AND you meet or exceed one of the following requirements, as set forth in the Act:
A. Your business has $25,000,000 in annual gross revenues; or
B. Your business buys, sells, shares, and/or receives the personal information of at least 50,000 California consumers (that’s just 137 clicks per day from unique CA visitors), households (still not a fully defined term), or devices (very important, as a single consumer might have multiple devices) per year; or
C. 50% of your business’s annual revenue is derived from selling the personal information of California consumers (NOTE: this is relevant if you have a strong affiliate marketing presence).
If you answered YES, CCPA applies to your business.