Understanding the 2024 CCPA Compliance Checklist: What You Need to Know
The Californian Consumer Privacy Act (CCPA) was enacted in 2018 in response to growing concerns about privacy, data security, and consumer rights.
It aims to enhance privacy protections for Californian residents by giving them more control over their personal information, including its collection, use, and deletion.
Simultaneously, this puts website owners in a precarious position regarding compliance. So, while you may know these consumer rights, you may have no idea how to respect them.
This article contains a comprehensive CCPA compliance checklist to help you stay ahead of data privacy laws.
2024 CCPA Compliance Checklist
Honoring consumer rights should be easier with a comprehensive CCPA compliance checklist.
Here are the items you must consider for effective CCPA compliance.
1. Determine Applicability of the CCPA to Your Business
The CCPA applies to your business if it is a for-profit entity in California. Non-profit businesses aren’t covered.
For your business to fall under the CCPA rules, it should meet the following criteria:
- It should have annual gross revenues of at least $25 million;
- It must hold the personal information of at least 50,000 people for commercial purposes.
- It should derive at least 50% of annual revenue from the sale of consumer personal data.
2. Identify and Classify Data
If CCPA regulations apply to you, carry out data inventory and mapping to determine the types of data you collect, its sources, the purpose of collection, and the entities you share with.
Details may include:
- Names
- IP addresses addresses
- Purchase history
- Browsing history, etc.
3. Prepare a Compliant Privacy Policy
Prepare and publish a privacy policy that complies with the CCPA. In the policy, explain how you collect, share, and sell consumer information. Also, outline the CCPA consumer rights. Update the policy annually to stay current with the CCPA.
4. Establish Consumer Request Mechanisms
CCPA rules allow consumers to request access to their personal information. Once a consumer requests it, you should provide the data within 45 days. You can make it easier by establishing mechanisms such as the following:
● Toll-free numbers
● Online portals
● A reliable email address
You also need to establish a clear process for receiving consumer inquiries or for them to opt out of your program to sell their data. For example, you could have a checkbox or link titled: “Do Not Sell My Personal Data.”
5. Establish a Reliable Data Security System
The CCPA mandates businesses to protect consumer’s personal information and mitigate the risk of any potential data breach. But you can only do so by creating sufficient data protection and security systems.
At the very top of the list, implement the following:
- Data encryption
- Multi-factor authentication
- Regular system audits
- A response plan to data breaches
6. Maintain a Data Inventory of Processing History
While explaining to customers how you collect data and its purposes is important, you should have a clear record of the collected data and how you have used or processed it.
Maintain a data inventory by identifying the sources and locations of storage for all personal data and document details like data type, retention period, and purpose. Review and update the inventory to comply with any changes in the CCPA regulations.
7. Create a Data Collection Notice
Before collecting personal information, inform consumers of your intentions to collect it. Include details such as the types of information you need and the reasons for collecting it.
If you intend to sell the information, provide a “Do Not Sell” checkbox or link for the customer to opt out easily.
8. Provide Easy Data Deletion Procedures
At some point, your customers may want to delete their personal data. As part of your CCPA compliance checklist, you should make it easy for customers to request its deletion.
If you do not do so, you could face serious legal challenges. Besides a mechanism allowing customers to request data deletion, implement measures to identify data for an individual customer and delete it as requested.
9. Ensure Third-Party Compliance
Since you’ll share personal data with third parties, ensure they comply with the CCPA’s information protection policies. Implement a system to audit third-party businesses for ongoing compliance with CCPA rules.
Understanding the California Consumer Privacy Act (CCPA)?
The CCPA empowers California consumers with greater control over the personal data collected by businesses.
Here are its key provisions:
1. Right to Know
California residents can request businesses to disclose:
- The categories and specific pieces of personal information collected about them;
- The sources of that personal information;
- The purposes for which the business uses the information;
- The categories of third parties with whom the business shares the sensitive data;
- The categories of information the business sells or discloses to third parties.
- The right to access their personal information free of charge.
- The right to move their private data wherever they want.
- The right to know the financial incentives for collecting, selling, or deleting personal data.
2. Right to Delete
Under the CCPA, Californian customers can request businesses delete their personal information.
Businesses must verify their identity to prevent unauthorized requests and promptly delete the specified personal information when they receive a valid request.
They also have to notify any service providers or third parties with whom they shared the data to delete it. Finally, they must maintain records of customer requests and their responses for at least 24 months.
Exceptions apply in the following cases:
- Necessary for Transactions: Businesses aren’t required to delete personal information if it’s necessary to complete a transaction or provide a service requested by the consumer. For example, if you have an active account with an online retailer, they may retain your information to process orders.
- Legal Obligations: Businesses can retain personal information if it’s necessary to comply with legal obligations, such as tax records or fraud prevention.
- Research or Public Interest: Data used for research purposes or the public interest may be exempt from deletion.
3. Right to Opt-Out
As a California resident, you have the right to request that businesses stop selling or sharing your personal information.
Businesses must provide a clear link on their homepage that allows consumers to exercise this right, with anchors such as “Do Not Sell or Share My Personal Information” or “Limit the Use of My Sensitive Personal Information.” If you opt-out, you must re-authorize a business to sell or share your consumer data.
However, the CCPA does not prevent businesses from using the data within their organization, even across different business units. It specifically addresses the sale or sharing of personal information with external parties.
Note that the California Privacy Rights Act (CPRA), which amends the CCPA, now gives consumers the right to correct inaccurate information or limit the use of personal information.
4. Right to Non-Discrimination
The CCPA explicitly prohibits businesses from treating consumers differently or discriminating against them based on their exercise of CCPA rights. In other words, they cannot penalize you by denying services, charging a higher price, or providing a lower quality of service.
This doesn’t mean that businesses must always provide services for free; they can still charge reasonable fees related to the value of the service provided. In addition, if businesses offer loyalty programs or financial incentives, they must be clearly disclosed and not disadvantageous to consumers who exercise their rights.
The California Attorney General’s Office investigates complaints related to non-discrimination. Consumers can file complaints if they believe a business discriminates against them.
Easily Achieve CCPA Compliance with iDox.ai
CCPA compliance can be challenging to achieve manually and on your own. The easiest way to comply with CCPA rules and regulations is through technology. Data discovery platforms like iDox.ai can help you better understand your data and manage it more effectively.
Using our technology, you can easily discover, redact, and eliminate liable, sensitive information inside your data ecosystem. Thus, you can take control of and protect sensitive information in all files promptly. Contact us to get started today!