January 1st 2020, and as the California Consumer Privacy Act (CCPA) becomes law, businesses across the United States and beyond, the pressure is now on to achieve compliance.
For Californian residents, the CCPA introduces a bundle of new rights including the right to access and delete personal information, the right to opt-out of the sale of personal information and more. For companies that do business in the State this means changing the way of processing and responding to consumer rights requests in accordance with the law’s new timeframe, while maintaining detailed, ongoing records of their CCPA compliance practices.
The Right to Opt-Out
It’s no secret that the CCPA’s definition of the term ‘sale’ is broad, to say the least. Sale is defined as “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.”
This definition has certainly brought about some confusion concerning what qualifies as selling individuals’ personal information.
Two Approaches for Opt-Out of Sale
To fully understand the way to become compliant with the CCPA opt-out requirement, it should be viewed from two distinct approaches:
-
Opt-out for AdTech, and
-
opt-out for broader use cases.
Opt-out for AdTech is meant for businesses selling personal information in a less direct form. Typically, these entities are using tracking technologies, such as Facebook pixels and Google Analytics, and utilizing personal information for valuable consideration.
Opt-out for broader use cases apply to all those other entities that are selling personal information in a more traditional sense. Typically, in these cases, the consumer needs to be identified in order to facilitate the opt-out.
How to Tackle the Right to Opt-Out of Sale Requirement
OneTrust CCPA Consumer Rights & Opt-Out of Sale Solutions gives businesses the abilities to figure out what personal information they have, to determine how exactly they use it (i.e, whether they sell it), to identify and track which third parties, if any, they have sold the personal information to, and to manage opt-out requests.
Enable your consumers to opt-out while tracking the personal information and request processes across your systems with the OneTrust Consumer Rights Management & Opt-Out of Sale Solutions.
Source: OneTrust
The Data Privacy Group relies on OneTrust to underpin its outsourced privacy office service. PrivacyOffice+ incorporates best of breed tools combined with standard operating procedures and deep expertise, to fast track the build of our clients’ privacy office and deliver regulatory compliance.
