If your business has customers (or potential customers) in California, understanding and complying with the California Consumer Protection Act (CCPA) is mandatory. The law, which took effect on January 1, 2020, was designed to give consumers more control over their personal information. When businesses collect and handle such information, they must adhere to the CCPA’s requirements.
Key provisions of the CCPA include the following:
- “Personal information” is defined broadly and includes email address, IP address, education, employment or employment history, records of personal property, purchasing habits, biometric information, and geolocation data.
- Consumers have the right to opt out of the business selling or otherwise transferring for valuable consideration the consumer’s personal information to one or more third parties. Businesses must notify consumers of this right, providing a conspicuous link on the business website’s home page. For consumers between the ages of 13-16, the teen must opt-in to the sale or transfer of their personal information and for those under age 13, a parent or legal guardian must consent.
- Californians also have the right to find out what specific personal information businesses have collected about them, and to review that information free of charge within 45 days of a request.
- Consumers may also request the deletion of certain personal information maintained by the business, and businesses are required to provide at least two ways consumers can exercise this right to request deletion.
- Businesses may not retaliate against consumers who exercise their rights under the CCPA, and are obligated to protect personal information in their possession. Consumers may take legal action against a business that fails to encrypt, redact, or otherwise protect their information.
- Businesses must also include in their external privacy policies and employee privacy notices specific information about: 1. the personal information the company collects about consumers, including data sources, 2. why the information is collected, and 3. what types of third parties may have access to the information.
The CCPA does not apply to every company. Covered organizations include for-profit organizations with revenue of greater than $25 million, those that receive or share the personal information of more than 500,000 Californians annually, or those for whom at least one-half of their revenue is derived from the sale of California consumers’ personal information. If any of these three requirements is met, regardless of where the business is located, the CCPA applies unless the business is a health provider, insurer, bank or financial institution, or credit reporting agency.
CCPA enforcement began on July 1, 2020. To learn more about CCPA compliance and to discover how Baer Reed can support your efforts, contact us today.
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.