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What the California Consumer Privacy Act Could Mean for Your Mobile Marketing

 

California is once again trailblazing with the new California Consumer Privacy Act. This law, scheduled to go into effect on Jan. 1, 2020, is designed to protect the privacy of individuals, in much the same way that the GDPR did for European citizens. While the two pieces of legislation are very similar, there are a few differences that could affect your marketing efforts. Here’s a brief summary of the changes and how they differ from the GDPR.

CCPA Rights and Regulations

When the CCPA goes into effect, your business will be faced with a short list of consumer rights that will impact your data collection efforts. Consumers will have the right to:

  • Obtain Personal Information Records: Once they verify their identity, consumers will be able to request a copy of all of the information collected about them, along with the sources and purposes of that data collection.
  • Erase Personal Files: Once collected personal information is no longer needed, individuals will have the right to ask a business and its service providers to delete their records.
  • Opt-Out of Information Sales: Businesses will be required to post a “Do Not Sell My Personal Information,” link on their homepage, which allows consumers to opt-out of a common business practice.
  • Specific Opt-In for Minors: If your business collects information about a user who is under the age of 16, you are not allowed to sell the information without obtaining specific consent. If the user is 13 or under, that consent must come from the user’s parents. If the user is between 13-16, they can opt-in.
  • Avoid Retaliation or Waivers of these Rights: The rights protected under the CCPA cannot be waived. No private agreement between consumers and businesses can impact these rights. In addition, businesses cannot push back against consumers who exercise their rights by denying services or charging different fees.
  • Transparency about Personal Data: Not only will businesses need to present the information to consumers upon request, but they will also need to be more open about what they collect and how they use it. They must also offer notice to consumers about their new legal rights under the CCPA.

CCPA is Not GDPA 2.0

While the CCPA does provide some similar protections, what really sets it apart from the GDPA is the lack of an opt-out of data collection option. Consumers can ask for deletion and control when and how their data is used, but they can’t ask companies not to collect the data in the first place. Since the CCPA allows for the use of de-identified information, consumers don’t have the right to prevent data collection efforts.

How CCPA May Affect Mobile Marketers

Since de-identified information is allowed, advertising segments created by aggregated data may not fall under the aegis of this legislation. The real challenge lies in demonstrating that data has been de-identified, and determining which types of information fall under legal protections. The definitions of personal information are incredibly broad, and until some of the legal points have been clarified, it will be difficult to say which marketing efforts will be affected and how.

However, the mobile ad marketplace successfully weathered the restrictions placed by the GDPR, and we will do the same as the CCPA goes into effect. With more than a year to put new policies in place and watch for updates to the legislation, rollout of the new regulations should be smooth and seamless for our brand partners.