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GDPR and Online Privacy, 1 Year Later

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In 2018, the state of California passed the California Consumer Privacy Act, or CCPA, as a consumer-rights focused bill to protect user privacy. Similar to the GDPR, the new law would require businesses to be upfront about what data they are collecting, who they are sharing it with, and allow consumers to request their data be deleted.

This changes the equation significantly for US-based organizations. You may be fairly certain your site’s visitors are US-based, but what about the state they live in? What if they are from California? Similar to other laws originating in California, the mere presence of a law like this begins to affect how all the states treat issues of privacy.

As recent as April 2019, lawmakers were pushing several news bills to reign in some of those protections, on behalf of employers and businesses who found the new law too broad. The tech industry is somewhat discouragingly behind a lot of the lobbying as well. The original law was set to take effect by 2020, but some of the details are still being debated.

It seems certain, however, that some form of the law will be implemented soon. And much like the EU and GDPR, the first step as site owners will be more transparency on data collection, and making it easy for users to opt-out, or request their personal information be deleted. Listing your privacy policy is also a requirement.

The CCPA doesn’t appear to apply to everyone, however. It is targeted towards businesses with annual gross revenues over $25 million, and/or companies whose annual revenue primarily comes from selling users personal information. And unlike the GDPR, it is more of an “opt-out” law than “opt-in.” Websites don’t have to ask before applying a cookie, and businesses don’t have to ask before selling personal information. They do, however, need to offer an easy method to opt-out.

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