The California Consumer Privacy Act (CCPA) provides California residents with five core rights to data privacy and autonomy, and an additional private right of action of compensation in the event of data breaches.
What is the difference between CCPA and CPRA
The CCPA vests the California attorney general with enforcement authority. Although the CPRA grants the California Privacy Protection Agency “full administrative power, authority, and jurisdiction to implement and enforce” the CCPA, the Attorney General still retains enforcement powers.
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What is the difference between CCPA and CalOPPA
CalOPPA is addressed to anyone running a commercial website. The CCPA is addressed to big businesses with revenues of at least $250 million, and data brokers whose primary business is in sharing and selling consumers’ personal information.
What are the penalties for violating CCPA
Violations of the CCPA are subject to enforcement by the California attorney general’s office, which can seek civil penalties of $2,500 for each violation or $7,500 for each intentional violation after notice and a 30-day opportunity to cure have been provided.
How far back does CCPA go
The CCPA requires covered businesses to disclose certain information about data collection, usage and sharing over a 12 month look back period.
How do I opt out of CCPA
The CCPA requires businesses that sell personal information to, among other things, explain that consumers have a “right to opt-out” of the sale,1 and provide a clear and conspicuous link on their homepage titled “Do Not Sell My Personal Information,” which takes the consumer to a mechanism that permits the exercise of
How many pages is the CCPA
The GDPR contains 99 Articles, 173 recitals and is over 100 pages long whereas the CCPA is 16 pages long (on my printer).
What is a data breach under CCPA
The CCPA provides consumers with a limited private right of action when “nonencrypted and nonredacted personal information…is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’ violation of the duty to implement and maintain reasonable security procedures and practices
What is GDPR & CCPA compliance
Under the GDPR, you must have a legal basis (e.g. consent) for collecting personal data.
Under the CCPA, you must enable users to opt out of your personal information collection practices.
The GDPR protects any individual located inside the EU, whereas the CCPA protects California residents.
Is GDPR more restrictive than CCPA
CCPA is not as strict as GDPR in terms of requiring explicit consent from visitors to store cookies on their devices.
Websites do not require explicit consent for storing cookies on visitors’ devices. It only requires websites to let visitors opt out of cookies that sell their personal information.
What are the data subject rights under CCPA & GDPR
Data subjects have a right to access their personal data, including receiving a copy and to obtain certain information about the data controller’s processing.
Broadly similar rights of disclosure/access. The CCPA’s right is only to obtain a written disclosure of the information.
Does Cpra apply to non profits
What does CPRA mean for nonprofits? Although nonprofits are exempt from the provisions, it’s clear that when it comes to user data, there is a growing expectation that nonprofits must act as responsible stewards of their donor’s information.
Nonprofits must respect donor intentions and privacy when requested.
Does GDPR apply to B2B data
Does GDPR apply to B2B data? Yes. The GDPR applies wherever you are processing personal data.
This means if you can identify an individual either directly or indirectly, the GDPR will apply.
Does GDPR distinguish between B2B and B2C
Does the GDPR distinguish between B2B and B2C? While the GDPR does not make any distinction between business types in general, there may be some differences in practice.
What are Coppa laws
COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.
Does CalOPPA apply to apps
CalOPPA applies to operators of commercial websites or online services that collect “personally identifiable information through the Internet about individual consumers residing in California.”
It applies if your business is a SaaS app, a mobile app, a Facebook app, and so on.
Who is exempt from CA AB5
1. The worker is free from the control and direction of the hiring organization in connection with the performance of the work.
2. The worker performs work that is outside the hiring entity’s business.
Does Cpra include employee data
Yes, the California Consumer Privacy Act will apply in full to human resources data.
This means the individually identifiable information of your applicants, employees, independent contractors, dependents, and other HR data of California residents.
Do I need CalOPPA
It’s legally mandated The laws protect residents in their jurisdictions, meaning that where your business is located is not as important as where your site visitors live.
If your site attracts California residents, then you must comply with CalOPPA regardless of whether you yourself are in California or not.
Is business data personal data
Information about companies or public authorities is not personal data. However, information about individuals acting as sole traders, employees, partners and company directors where they are individually identifiable and the information relates to them as an individual may constitute personal data.
What are the company level implications of non compliance to GDPR
What are the fines and penalties under the GDPR? The GDPR stipulates GDPR fines up to 4 percent of the annual global turnover of an organization or up to 20 million Euros, with the additional stipulation that the highest of both is chosen in Article 83 of Chapter 8.
Does California privacy law apply to nonprofits
The CCPA may apply to your nonprofit if it controls or is controlled by a CCPA-covered business that shares your branding.
Is an employee a consumer
It is a settled law that an employee is nota consumer of the Employer rather their relations are known as servant and employer.
In these circumstances, present complaint does not fall under the definition of consumer laid down under Section 2(1)(d) of the Consumer Protection Act, 1986.
Does GDPR cover business to business data
Answer. No, the rules only apply to personal data about individuals, they don’t govern data about companies or any other legal entities.
However, information in relation to one-person companies may constitute personal data where it allows the identification of a natural person.
What is the business to business exception
The AB5 Business to business exemption allows business service providers who are established as “a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation,” to enter a contractual arrangement with a business.
Who is subject to CalOPPA
Who does CalOPPA apply to? CalOPPA applies to any person or entity that owns or operates a commercial website or online service that “collects and maintains personally identifiable information from a consumer residing in California who uses or visits” said website or online service.
Does GDPR apply to business emails
If you are able to identify an individual either directly or indirectly (even in a professional capacity), then GDPR will apply.
A person’s individual work email typically includes their first/last name and where they work.
For example, [email protected], which will classify it as personal data.
Who is covered under CPRA
The CPRA applies to businesses that: Have a gross annual revenue of over $25 million in the preceding calendar year, or.
Buy, receive, or sell the personal information of 100,000 or more California residents, households, or devices, or.
What is the new California data privacy law
The draft regulations include a section on the new data minimization requirement, which requires businesses to collect, use, retain and/or share consumers’ personal information in a way that is “reasonably necessary and proportionate” to the original purpose for collecting it.
Do not sell my personal information requirements
The CCPA requires companies that sell personal data to display the link to their “Do Not Sell My Personal Information” page both on the website’s homepage and in the Privacy Policy.
The link must not be hidden away, instead it must be ‘clear and conspicuous. ‘
References
https://en.wikipedia.org/wiki/California_Consumer_Privacy_Act
https://higgslaw.com/am-i-subject-to-the-ccpa/
https://mslawgroup.com/ccpa-business-contact-and-employee-exemption-extended/
https://www.whitecase.com/insight-alert/uk-business-exposure-california-consumer-privacy-act-2018-ccpa
https://blog.rkdgroup.com/how-does-ccpa-affect-nonprofits
