California Attorney General Releases Fourth Draft of Proposed CCPA Regulations

On December 10, 2020, the California Attorney General proposed modifications to its recent California Consumer Privacy Act (CCPA) regulations. These modifications present two notable changes.

Further Clarification for the Offline Collection of Personal Information

The new regulations clarify notice requirements for the offline collection of personal information. The new regulations specify that businesses that (1) collect consumers’ personal information while interacting with consumers offline and (2) sell that information, must provide consumers with an offline notice of consumers’ right to opt-out and instructions for submitting opt-out requests. Such notice may be on paper forms where consumers’ personal information is collected or on signage posted in the area where the personal information is collected. Businesses that do not sell personal information are not required to provide this offline opt-out notice.

New and Improved Opt-Out Button

The new regulations allow businesses to use an opt-out “button” on their websites that directs consumers to the same landing page as the “Do Not Sell My Personal Information” link. This button may be used in addition to the notice of the right to opt-out but not in lieu of such notice or a “Do Not Sell My Personal Information” link. If a business uses the button and has a “Do Not Sell My Personal Information” link, that business must add the button to the left of the text:

These draft regulations are subject to another public comment period, ending December 28, 2020.

For assistance with your CCPA compliance program or privacy laws in general, please contact John Landolfi, Christopher Ingram, Christopher LaRocco, Sarah Boudouris, Gretchen Rutz, or your Vorys attorney.