Video Blog 20: California Consumer Privacy Act: An Introduction



Hi, I'm Anthony Verna, managing partner of Verna Law, but
you already knew that. That's why you're here.



One of the perils of advertising law is the fact that there
are 50 States and 50 States also means 50 different regulatory schemes. In this
particular case, let's take a look at California's brand-new California Consumer
Privacy Act.



Number one, if you're not doing business in California,
guess what? California thinks that you're doing business in California because
chances are your business has a website and yes, that's California's definition
of doing business in California. So you have to look at the California Consumer
Privacy Act in case anybody from California happens to step over your website
or well actually picks up the phone and calls for business and then buys your
products. But here's the key. The brand-new statute only applies:



* If your business has a revenue in excess of $25
million gross revenue to your business, * buys or sells personal information from 50,000
or more consumers or households or * earns more than half of its annual revenue from
selling the consumers' personal information.



If none of those apply to you, then the CCPA does not apply
to your business. If one of those three conditions applies to you, then the
CCPA applies to your business. Now what are some of the responsibilities under
the CCPA? One, your business must implement processes to obtain parental or
guardian consent for minors under 13 years. And the affirmative consent of
minors between 13 and 16 years to data sharing. For purposes of the CCPA, there
must be a link on your main page and it must say, “Do not sell my personal
information.” And when somebody clicks on that link, that user must have a page
to insert information to opt out of the sale of any personal information. Your
business must designate methods for submitting data access request, including
at a minimum - atoll free number. Yes, if you do business in California, you
must have a toll free number if the CCPA, applies to you so that somebody can
call you without charge to ask about the data and information for that
consumer.



You must update your privacy policies with newly required
information, including a description of California residents rights, which is
exactly what I'm saying to you here. And then you must avoid requesting opt-in
consent for 18 months after a California resident opt out. Again, the CCPA is
new. It applies to those the listed above.



Again, California always believes that you're doing business
in California if your business has a website. So it's a part of the sticky
thorn of advertising law.



Certainly, we try to help our clients avoid any particular
problems. I mean, Anthony Verna managing partner Verna law, where we focus on
IP and advertising law. Send me an email at anthony@vernalaw.com. Thank you.