The California Consumer Privacy Act “CCPA” introduces a number of provisions for companies processing the personal data of individuals. Website cookies and tracking scripts collect IP address information, which is considered to be personal data for purposes of CCPA, so companies need to be aware of their responsibilities related to cookie consent management for purposes of CCPA.
Cookie Consent Banner Requirements
Before we go in-depth on cookies, we should note that CCPA doesn’t require websites to include a cookie banner, however (and keep reading, because this is a massive HOWEVER) your website needs to provide a mechanism for consumers to “opt-out” of cookie collection. That’s one reason Clym provides a flexible solution with multiple user interfaces so that you can show a cookie banner on your site to European visitors (as required by GDPR), but California residents (and other states where one isn’t required) won’t see one when visiting your website. Rather, you can provide them a link in the footer of your website to comply with CCPA’s opt-out requirements.
Why Are Cookies Subject to CCPA?
- The third parties that provide the scripts behind each cookie;
- The types of cookies used within the website;
- The categories of personal data that these cookies collect;
- The purpose for collecting that data; and
- The retention period.
How Can I Get My Website Compliant with CCPA?
Every data privacy law has its own consent rules, generally either “opt-in” (meaning that you need to obtain explicit consent prior to collecting information) or “opt-out” (meaning that you can collect information until a consumer requests that you stop). GDPR is an opt-in jurisdiction, but CCPA is an opt-out jurisdiction. Thus, websites can load cookies, but are obliged to provide users with an easy way of opting out of them at any moment (like we mentioned above regarding not needing to have a cookie banner). CCPA requires businesses to inform consumers before or at the point of collection of their personal data, but does not require prior, explicit cookie consent. Similarly to the GDPR, the CCPA prohibits the collection of consumers’ personal information for any other purposes or any other categories that the ones presented to the customer.
CCPA Cookie Disclosure Requirements
What are GDPR and CCPA Cookie Consent Requirements?
GDPR requires websites to collect explicit consent to utilize all cookies other than those absolutely necessary to the running of the site. GDPR has strict requirements for what counts as consent, requiring a “clear affirmative act” that users are opting-in to having their data collected. It’s no longer good enough to use a pre-checked box or a banner that tells the user that by continuing to use the website they agree to cookies. Additionally, when companies request consent, they must do so in a way that is “clear, concise, and not unnecessarily disruptive”, meaning that your site can’t bury a consent mechanism in the middle of a lot of legal jargon.
Finally, under GDPR, websites must provide a way for users to withdraw their decision to grant data collection consent, aka the “right to be forgotten”. Under CCPA, data collected by cookies count as personal information. While CCPA doesn’t require businesses to gain opt-in consent for cookies, it does require them to disclose what data is being collected by cookies and what is done with the data. Additionally, businesses need to take steps to comply with the right to opt-out of the sale of personal information collected by cookies.
Yes, cookie policies are required to maintain compliance with both GDPR and CCPA.
To be compliant with privacy and cookies laws, your Cookies Policy or cookies clause should:
2) disclose what types of cookies you (or any third parties) are using,
Become CCPA compliant with Clym and manage consent, cookies, policies, procedures, terms & data subject requests while automatically building evidence through consent receipts.