California Consumer Privacy Act

CCPA Overview

WHAT IS CALIFORNIA CONSUMER PRIVACY ACT?

The California Consumer Privacy Act of 2018 (CCPA) is a new consumer data protection and privacy act applicable to the collection, use, and disclosure of personal information collected from California „residents“ or „consumers“ (as terms are defined under the CCPA). The CCPA is in effect as of January 1, 2002 however enforcement is expected to start on July 1, 2020.

Like GDPR, CCPA grants certain rights to California consumers such as right of information and get access to the personal data that a business collects about them, right to disclosure about the category, the purposes and the source of the personal information, right to delete the data, right to opt out of certain data transfers and opt-in for minors. These disclosures are provided by Adform in the Adform Product and Services Privacy Policy.

WHO DOES CCPA APPLY TO?

CCPA applies to all organizations that (i) are processing personal information of California residents, (ii) do business in California (without having a company seat or establishment in California) by engaging in transactions having a financial gain and (iii) meet one or more of the following thresholds: (a) have an annual gross revenues higher than US$25 million; or (b) handle personal information of more than 50,000 consumers; or (c) derive 50% or more of annual revenue from selling consumers’ personal information.

This means that if your company collects and processes personal information of Californians, it is worth exploring whether your business will be subject to CCPA.

WHAT DOES CCPA REQUIRE?

Organizations must meet certain requirements in order to ensure compliance with the CCPA. Those include:

  • Updating company‘s online privacy notice to include specific information concerning the processing activities of Californian residents
  • Informing the consumers about the categories of personal information, the purpose and whether the personal information is shared with a third party
  • Providing consumers with at least two options to send their request, including a toll-free hotline where there is no direct relationship between the business and the consumer
  • Providing with a functional and easily accessible opt-out mechanisms (opt-in for minors)
  • Honor consumers request who are exercising their rights to access, delete or opt-out of data collection and processing
  • Ensure no discrimination when consumers exercise their rights under CCPA
  • Educate and train personnel to be able to handle consumers request

WHAT ARE THE CONSUMER RIGHTS AND CHOICES UNDER CCPA?

Under the CCPA, organizations, including Adform, must honor verifiable requests from California consumers when exercising their data protection rights of their personal information. Those rights are:

  • Right of information and access
  • Right to deletion
  • Right to disclosure about the type, purpose, the sources and with whom personal information was shared
  • Right to opt-out of ‚sale‘ (as defined in the CCPA) of the personal information
  • Right not to be discriminated when the consumer exercises its rights under the CCPA

Adform has provided the relevant disclosures about which personal information Adform collects or receives, how is the information used and with whom is it shared Platform and Product Privacy Policy and Corporate Privacy Policy

IAB CCPA FRAMEWORK

Adform is a signatory to the IAB Privacy’s Limited Service Provider Contract and it has integrated with the  IAB CCPA Framework v1.0 Technical Specifications.