CCPA Opt-out Buttons as Options for CCPA Compliance

The proverbial dust from the implementation of the California Consumer Protection Act (“CCPA”) has settled. And at this point, most businesses are aware that under the CCPA, California residents have the right to tell a business not to sell their personal data. In order to notify consumers of this right, many businesses incorporate a “Do Not Sell My Personal Information” hyperlink on their website. In most cases, when a website user clicks on the link, they are directed to an online form to submit, instructing the business not to sell their data.

On December 10, 2020, California Attorney General Xavier Becerra, proposed a modification to the CCPA that would provide businesses with another option to notify consumers of their rights. Becerra’s proposal introduces an electronic opt-out button as another option for businesses to notify consumers of their rights. According to the proposed rules, “the button may be used in addition to posting the notice of right to opt-out, but not in lieu of any requirement to post the notice of right to opt-out or a ‘Do Not Sell My Personal Information’ link.” In other words, businesses may include both the opt-out button and link, but may not include only the opt-out button. Additionally, if a business would like to include the button, it must appear to the left of the “Do Not Sell My Personal Information” text on the business’s website.

This proposed modification is not yet finalized. The Attorney General’s office accepted comments on the proposal until December 28, 2020. Companies seeking advice about the CCPA can contact Kronenberger Rosenfeld. The firm routinely assists clients with CCPA compliance.