All Buttoned Up: The California AG Proposes Additional CCPA Regulations

On December 10, 2020, the California Attorney General (“AG”) proposed additional edits to the CCPA Regulations. These changes both build upon the updates that were proposed on October 12, 2020, and add some new content. All of the newly proposed changes relate to the right to opt-out of the sale of personal information.

The first series of recommended changes focuses on what a business must share regarding the right to opt-out with consumers with whom they interact offline. The sentence structure of the proposed requirements has been slightly altered, but the main update is that instead of requiring the provision of  “notice,” a business has to “inform” consumers of the right to opt-out, including on a call. Arguably these changes give room for a business to provide specific information offline, including possibly directing a consumer to the full notice online, instead of making the entire notice available in-person or reading off the entire notice to a consumer on a call.

The second change revisits a topic that was tabled when drafting the initial CCPA regulations: a website button that will enable a request to opt out of sale. The goal of the button as noted by the AG in its notice of these proposed modifications is to have a “uniform button to promote consumer awareness of the opportunity to opt-out of the sale of personal information.” As proposed, the button is (1) optional, (2) cannot be used in lieu of the required language “Do Not Sell My Personal Information,” (3) must link to the same location as the text, and (4) must be placed to the left of that language. It also must be approximately the same size as any other buttons on the webpage. The proposed updates provide visual representations of what the button and its placement must look like.

The comment period for the proposed regulations ends at 5pm PST on December 28.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.