This episode of Theory of Content features just Amber Bracegirdle this week. We’re pausing our usual content to talk about something on everyone’s mind these days: CCPA. We’ve asked our favorite lawyer to help us understand. We welcome Jamie Lieberman from Hashtag Legal to the show!
What is CCPA?
Josh and I thought it would be great to have Jamie come on and talk about CCPA. We’ve seen so many social postings about CCPA. As Amber says, “Because your content is online, there are certain responsibilities that come along with it because of how websites work.”
Jamie says, “CCPA is the new California Privacy law that was enacted last year. It went into effect on January 1st (2020). It does not just apply only to businesses located in and doing businesses in California.” So, it’s important to understand what it really means, and how it will affect you.
Is it the same as GDPR? How are they different? How are they the same?
CCPA is not the same as GDPR, but there are similarities. It gives consumers the ability to control how their data and personal information is being used.
- GDPR is an opt-in law, so as Jamie explains, “you have to opt-in to having your data collected.”
- CCPA is an opt-out. Jamie says, “You have to give them the opportunity to opt-out of the sale of their data.” There are also notice provisions and the opt-out mechanism.
- GDPR and CCPA also differ in what they define as businesses.
Who does CCPA impact?
Let’s define business…
- Business is a for-profit business.
- It does business in California.
- It controls the collection or processing of personal information of California residents.
The business must also have one of these:
- An annual income of more than $25 million.
- They buy, receive, sell, or share (for commercial purposes) of more than 50,000 California residents, devices, or households.
- They make $50,000 or more from selling the personal information of California residents.
What do I need to do now?
- Make sure you’re complying with all the requirements of CCPA.
- You need to offer a way for California ways to contact you, etc.
- Look at your providers. Know what you’re agreeing to… terms & conditions.
What do I do if a user opts out?
- Check to see if the user is a California resident.
- You need to give them the opportunity to opt-out immediately from ads.
- You have 45 days to comply (plus you can get an extension).
The consents are annoying – why do they have to show on every page?
There’s nothing you can do about it. It’s part of the game. It’s part of doing business. You have skin in the game, so act like it…
Learn More: CCPA Podcast
Jamie’s podcast episode about CCPA and Privacy policies……