Have You Done Your Annual CCPA Housekeeping?

The California Consumer Privacy Act of 2018 (the “CCPA”) took effect a little over a year ago on January 1, 2020. While many businesses worked to bring themselves into compliance with the CCPA by that date, compliance with the CCPA does not end there. Under the CCPA, not only does a business need to update its privacy policy when it changes how it collects and uses personal information, but also there are a number of items that the CCPA requires businesses to review and analyze annually. Have you done your annual CCPA housekeeping? Use the below checklist to find out.

  • Have you updated the information disclosed in your privacy policy? Businesses must update that information at least once every 12 months. In particular, consider whether your privacy policy requires updates in response to the following questions:
    • Does your privacy policy accurately identify the categories of personal information your business collected about consumers in the preceding 12 months?
    • Does your privacy policy accurately identify the categories of personal information that your business disclosed for a business purpose in the preceding 12 months?
    • If your business did not disclose consumers’ personal information for a business purpose in the preceding 12 months, does your privacy policy disclose this fact?
    • Does your privacy policy accurately identify the categories of personal information of consumers that your business sold in the preceding 12 months?
    • If your business did not sell consumers’ personal information in the preceding 12 months, does your privacy policy disclose this fact?
  • Are you keeping track of the number of requests that your business received from a consumer? A business is not required to provide personal information to a consumer in response to a request more than twice in a 12-month period.
  • How far does your business look back when disclosing personal information in response to a request? The disclosure is only required to cover the 12-month period preceding the business’s receipt of the consumer request.
  • Are you keeping track of when a consumer has opted-out of the sale of the consumer’s personal information and is your business respecting the consumer’s decision to opt-out for 12 months? Businesses must respect a consumer’s decision to opt-out for at least 12 months before requesting that the consumer authorize the sale of the consumer’s personal information.
  • Do you know if your business, alone or in combination, bought, sold, or received or shared for the business’s commercial purposes the personal information of at least 10 million consumers in a calendar year? If so, by July 1 of every calendar year, your business will need to compile and disclose the following metrics for each category of consumer request received by your business (i.e., requests to know, to delete, and if applicable, to opt out of sale): (i) total requests received, (ii) total requests complied with in whole, (iii) total requests complied with in part, (iv) total requests denied, and (v) average number of days (median or mean) to substantively respond to requests. You can provide these metrics in the privacy policy or on a separate page linked to in the privacy policy.
  • If your business has no reasonable method by which it can verify any consumer in connection with a consumer request, have you evaluated whether your business can establish a reasonable method? Businesses must evaluate and document whether they can establish a reasonable method at least once every 12 months.

If you need assistance with your CCPA compliance efforts or want more information on compliance with the CCPA, please contact one of our Cybersecurity & Data Privacy attorneys.

Firm Highlights
Client Alert

Key Tax Benefits in the New $900 Billion COVID-19 Relief Bill

More
Client Alert

Employee Benefit Provisions in the Recent COVID-19 Relief Bill

More
News

David W. Sweeney Interviewed in Realtime REALTOR® Podcast on Changes to Elections in the City of St. Louis

More
News

Lewis Rice Wins Significant Victory for Atlanta Landowners Impacted by the Belt Line Rail-Trail

More
News

Paul R. Himmelstein Joins Lewis Rice Kansas City Office

More
News

Brian P. Pezza Discusses Vaccination Considerations for Employees in Society for Human Resource Management (SHRM) Article

More
Diversity & Inclusion

Apollo Carey Selected for Leadership Council on Legal Diversity’s (LCLD’s) 2021 Fellows Program

More
Diversity & Inclusion

Fatima G. Khan Elected President of South Asian Bar Association of Metropolitan St. Louis

More
Client Alert

PPP Round 2: Newly-Authorized Initial and Second Draw Paycheck Protection Program Loans and Other Changes Benefit Borrowers

More
Client Alert

Supreme Court Decision Provides Good News for Creditors

More
News

Jerina D. Phillips Offers COVID-19 Vaccination Advice for Employers in St. Louis Magazine Article

More
Client Alert

Employers, Start Planning Now – Get Ahead with the Upcoming H-1B Cap Season

More
News

Winthrop B. Reed, III and the Saint Louis Zoo Unveil Name of Saint Louis Zoo WildCare Park

More
News

Lewis Rice Names Brian J. Figueroa Member of the Firm

More
Client Alert

COVID-19 Vaccinations: Considerations for Employers

More
Client Alert

City of St. Louis 2021 Primary Municipal Election: Meet the Candidates

More
News

Lindsay S. C. Brinton and Meghan S. Largent Negotiate $1.4 Million Settlement for Landowners along Legacy Trail

More
Client Alert

New York State Regulator Discourages Ransomware Payments and Publishes New Cyber Insurance Risk Framework

More
News

David W. Sweeney Named to Missouri’s POWER List for Lawyer-Lobbyists by Missouri Lawyers Media

More
News

Jeremy P. Brummond’s Article on Waivers of Consequential Damages is Published in Construction Executive

More
Client Alert

Have You Done Your Annual CCPA Housekeeping?

More