TITLE 11. LAW
DIVISION 6. CALIFORNIA PRIVACY PROTECTION AGENCY
effective 1/2/2024; posted to cppa.ca.gov April 2024

CONTENTS
CHAPTER 1. CALIFORNIA CONSUMER PRIVACY ACT REGULATIONS ...............................................3
ARTICLE 1 . GENERAL PROVISIONS................................................................................................3§ 7000. Title and Scope. ..................................................................................................................... 3§ 7001. Definitions. ............................................................................................................................ 3§ 7002. Restrictions on the Collection and Use of Personal Information. ........................................ 7§ 7003. Requirements for Disclosures and Communications to Consumers. ................................. 10§ 7004. Requirements for Methods for Submitting CCPA Requests and Obtaining Consumer
Consent. ........................................................................................................................................... 11
ARTICLE 2 . REQUIRED DISCLOSURES TO CONSUMERS ................................................................ 14§ 7010. Overview of Required Disclosures. ..................................................................................... 14§ 7011. Privacy Policy. ..................................................................................................................... 14§ 7012. Notice at Collection of Personal Information. .................................................................... 17§ 7013. Notice of Right to Opt-out of Sale/Sharing and the “Do Not Sell or Share My Personal
Information” Link. ............................................................................................................................ 20§ 7014. Notice of Right to Limit and the “Limit the Use of My Sensitive Personal Information”
Link. .................................................................................................................................................. 22§ 7015. Alternative Opt-out Link. .................................................................................................... 23§ 7016. Notice of Financial Incentive............................................................................................... 24
ARTICLE 3 . BUSINESS PRACTICES FOR HANDLING CONSUMER REQUESTS ................................... 25§ 7020. Methods for Submitting Requests to Delete, Requests to Correct, and Requests to Know.
......................................................................................................................................................... 25§ 7021. Timelines for Responding to Requests to Delete, Requests to Correct, and Requests to
Know. ............................................................................................................................................... 26§ 7022. Requests to Delete. ............................................................................................................. 27§ 7023. Requests to Correct. ........................................................................................................... 29§ 7024. Requests to Know. .............................................................................................................. 32§ 7025. Opt-out Preference Signals. ................................................................................................ 35§ 7026. Requests to Opt-out of Sale/Sharing. ................................................................................. 40§ 7027. Requests to Limit Use and Disclosure of Sensitive Personal Information. ......................... 43§ 7028. Requests to Opt-in After Opting-out of the Sale or Sharing of Personal Information. ...... 46
Page 1 of 67

CPPA

ARTICLE 4 . SERVICE PROVIDERS, CONTRACTORS, AND THIRD PARTIES ....................................... 47§ 7050. Service Providers and Contractors...................................................................................... 47§ 7051. Contract Requirements for Service Providers and Contractors. ........................................ 49§ 7052. Third Parties. ....................................................................................................................... 51§ 7053. Contract Requirements for Third Parties............................................................................ 51
ARTICLE 5 . VERIFICATION OF REQUESTS .................................................................................... 52§ 7060. General Rules Regarding Verification. ................................................................................ 52§ 7061. Verification for Password-Protected Accounts................................................................... 54§ 7062. Verification for Non-Accountholders.................................................................................. 55§ 7063. Authorized Agents. ............................................................................................................. 56
ARTICLE 6 . SPECIAL RULES REGARDING CONSUMERS UNDER 16 YEARS OF AGE.......................... 57§ 7070. Consumers Less Than 13 Years of Age. ............................................................................... 57§ 7071. Consumers at Least 13 Years of Age and Less Than 16 Years of Age. ................................ 58§ 7072. Notices to Consumers Less Than 16 Years of Age. ............................................................. 58
ARTICLE 7 . NON-DISCRIMINATION............................................................................................. 58§ 7080. Discriminatory Practices. .................................................................................................... 58§ 7081. Calculating the Value of Consumer Data. ........................................................................... 60
ARTICLE 8 . TRAINING AND RECORD-KEEPING............................................................................. 61§ 7100. Training. .............................................................................................................................. 61§ 7101. Record-Keeping. .................................................................................................................. 61§ 7102. Requirements for Businesses Collecting Large Amounts of Personal Information. ........... 62
ARTICLE 9. INVESTIGATIONS AND ENFORCEMENT ...................................................................... 63§ 7300. Sworn Complaints Filed with the Agency. .......................................................................... 63§ 7301. Investigations. ..................................................................................................................... 63§ 7302. Probable Cause Proceedings............................................................................................... 64§ 7303. Stipulated Orders. ............................................................................................................... 65§ 7304. Agency Audits. .................................................................................................................... 65
CHAPTER 2. CONFLICT OF INTEREST............................................................................................ 66§ 7500. California Privacy Protection Agency -- Conflict-of-Interest Code. .................................... 66
CHAPTER 3. DATA BROKER REGISTRATION ................................................................................. 67
ARTICLE 1. ANNUAL REGISTRATION FEES .................................................................................... 67§ 7600. Annual Registration Fee. .................................................................................................... 67

Page 2 of 67

CPPACHAPTER 1. CALIFORNIA CONSUMER PRIVACY ACT REGULATIONSARTICLE 1. GENERAL PROVISIONS§ 7000. Title and Scope.
(a) This Chapter shall be known as the California Consumer Privacy Act Regulations. It may becited as such and will be referred to in this Chapter as “these regulations.” These
regulations govern compliance with the California Consumer Privacy Act and do not limit
any other rights that consumers may have.
(b) A violation of these regulations shall constitute a violation of the CCPA and be subject tothe remedies provided for therein.
Note: Authority cited: Sections 1798.175 and 1798.185, Civil Code. Reference: Sections
1798.100, 1798.105, 1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130,
1798.135, 1798.140, 1798.145, 1798.150, 1798.155, 1798.175, 1798.185, 1798.199.40,
1798.199.45, 1798.199.50, 1798.199.55 and 1798.199.65, Civil Code.
§ 7001. Definitions.
In addition to the definitions set forth in Civil Code section 1798.140, for purposes of theseregulations:(a) “Agency” means the California Privacy Protection Agency established by Civil Code section
1798.199.10 et seq.
(b) “Alternative Opt-out Link” means the alternative opt-out link that a business may provide
instead of posting the two separate “Do Not Sell or Share My Personal Information” and“Limit the Use of My Sensitive Personal Information” links as set forth in Civil Code section
1798.135, subdivision (a)(3), and specified in section 7015.
(c) “Attorney General” means the California Attorney General or any officer or employee of
the California Department of Justice acting under the authority of the California Attorney
General.
(d) “Authorized agent” means a natural person or a business entity that a consumer has
authorized to act on their behalf subject to the requirements set forth in section 7063.
(e) “Categories of sources” means types or groupings of persons or entities from which abusiness collects personal information about consumers, described with enoughparticularity to provide consumers with a meaningful understanding of the type of personor entity. They may include the consumer directly, advertising networks, internet service
providers, data analytics providers, government entities, operating systems and platforms,social networks, and data brokers.
(f) “Categories of third parties” means types or groupings of third parties with whom thebusiness shares personal information, described with enough particularity to provide
Page 3 of 67

CPPAconsumers with a meaningful understanding of the type of third party. They may include
advertising networks, internet service providers, data analytics providers, government
entities, operating systems and platforms, social networks, and data brokers.
(g) “CCPA” means the California Consumer Privacy Act of 2018, Civil Code section 1798.100 etseq.
(h) “COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C. sections 6501 to
6506 and 16 Code of Federal Regulations part 312.
(i)

“Disproportionate effort” within the context of a business, service provider, contractor, or
third party responding to a consumer request means the time and/or resources expended
by the business, service provider, contractor, or third party to respond to the individualized
request significantly outweighs the reasonably foreseeable impact to the consumer by not
responding, taking into account applicable circumstances, such as the size of the business,
service provider, contractor, or third party, the nature of the request, and the technicallimitations impacting their ability to respond. For example, responding to a consumer
request to know may require disproportionate effort when the personal information that is
the subject of the request is not in a searchable or readily-accessible format, is maintained
only for legal or compliance purposes, is not sold or used for any commercial purpose, andthere is no reasonably foreseeable material impact to the consumer by not responding. By
contrast, the impact to the consumer of denying a request to correct inaccurate
information that the business uses and/or sells may outweigh the burden on the business,
service provider, contractor, or third party in honoring the request when the reasonably
foreseeable consequence of denying the request would be the denial of services oropportunities to the consumer. A business, service provider, contractor, or third party thathas failed to put in place adequate processes and procedures to receive and process
consumer requests in accordance with the CCPA and these regulations cannot claim that
responding to a consumer’s request requires disproportionate effort.

(j)“Employment benefits” means retirement, health, and other benefit programs, services, or
products to which consumers and their dependents or their beneficiaries receive accessthrough the consumer’s employer.

(k) “Employment-related information” means personal information that is collected by thebusiness about a natural person for the reasons identified in Civil Code section 1798.145,
subdivision (m)(1). The collection of employment-related information, including for the
purpose of administering employment benefits, shall be considered a business purpose.
(l)“Financial incentive” means a program, benefit, or other offering, including payments to
consumers, for the collection, retention, sale, or sharing of personal information. Price orservice differences are types of financial incentives.

(m) “First party” means a consumer-facing business with which the consumer intends andexpects to interact.

Page 4 of 67

CPPA(n) “Frictionless manner” means a business’s processing of an opt-out preference signal thatcomplies with the requirements set forth in section 7025, subsection (f).
(o) “Information practices” means practices regarding the collection, use, disclosure, sale,sharing, and retention of personal information.
(p) “Nonbusiness” means a person or entity that does not meet the definition of a “business”
as defined in Civil Code section 1798.140, subdivision (d). For example, non-profits andgovernment entities are nonbusinesses because “business” is defined, among other things,
to include only entities “organized or operated for the profit or financial benefit of its
shareholders or other owners.”(q) “Notice at Collection” means the notice given by a business to a consumer at or before thepoint at which a business collects personal information from the consumer as required by
Civil Code section 1798.100, subdivisions (a) and (b), and specified in these regulations.
(r) “Notice of Right to Limit” means the notice given by a business informing consumers of
their right to limit the use or disclosure of the consumer’s sensitive personal information as
required by Civil Code sections 1798.121 and 1798.135 and specified in these regulations.
(s) “Notice of Right to Opt-out of Sale/Sharing” means the notice given by a businessinforming consumers of their right to opt-out of the sale or sharing of their personal
information as required by Civil Code sections 1798.120 and 1798.135 and specified inthese regulations.
(t) “Notice of Financial Incentive” means the notice given by a business explaining eachfinancial incentive or price or service difference as required by Civil Code section 1798.125,
subdivision (b), and specified in these regulations.
(u) “Opt-out preference signal” means a signal that is sent by a platform, technology, or
mechanism, on behalf of the consumer, that communicates the consumer choice to optout of the sale and sharing of personal information and that complies with therequirements set forth in section 7025, subsection (b).
(v) “Price or service difference” means (1) any difference in the price or rate charged for any
goods or services to any consumer related to the collection, retention, sale, or sharing of
personal information, or (2) any difference in the level or quality of any goods or services
offered to any consumer related to the collection, retention, sale, or sharing of personal
information, including the denial of goods or services to the consumer.
(w) “Privacy policy,” as referred to in Civil Code sections 1798.130, subdivision (a)(5), and1798.135, subdivision (c)(2), means the statement that a business shall make available toconsumers describing the business’s online and offline information practices, and therights of consumers regarding their own personal information.
(x) “Request to correct” means a consumer request that a business correct inaccurate
personal information that it maintains about the consumer, pursuant to Civil Code section
1798.106.

Page 5 of 67

CPPA(y) “Request to delete” means a consumer request that a business delete personal information
about the consumer that the business has collected from the consumer, pursuant to Civil
Code section 1798.105.
(z) “Request to know” means a consumer request that a business disclose personal
information that it has collected about the consumer pursuant to Civil Code sections
1798.110 or 1798.115. It includes a request for any or all of the following:(1) Specific pieces of personal information that a business has collected about theconsumer;(2) Categories of personal information it has collected about the consumer;(3) Categories of sources from which the personal information is collected;(4) Categories of personal information that the business sold or disclosed for abusiness purpose about the consumer;(5) Categories of third parties to whom the personal information was sold or
disclosed for a business purpose; and(6) The business or commercial purpose for collecting or selling personal
information.
(aa) “Request to limit” means a consumer request that a business limit the use anddisclosure of the consumer’s sensitive personal information, pursuant to Civil Codesection 1798.121, subdivision (a).
(bb) “Request to opt-in to sale/sharing” means an action demonstrating that theconsumer has consented to the business’s sale or sharing of personal information
about the consumer by a parent or guardian of a consumer less than 13 years ofage or by a consumer at least 13 years of age.
(cc) “Request to opt-out of sale/sharing” means a consumer request that a businessneither sell nor share the consumer’s personal information to third parties,
pursuant to Civil Code section 1798.120, subdivision (a).
(dd) “Right to correct” means the consumer’s right to request that a business correct
inaccurate personal information that it maintains about the consumer as set forthin Civil Code section 1798.106.
(ee) “Right to delete” means the consumer’s right to request that a business delete any
personal information about the consumer that the business has collected from theconsumer as set forth in Civil Code section 1798.105.
(ff) “Right to know” means the consumer’s right to request that a business disclose
personal information that it has collected, sold, or shared about the consumer as
set forth in Civil Code sections 1798.110 and 1798.115.

Page 6 of 67

CPPA

(gg) “Right to limit” means the consumer’s right to request that a business limit the use
and disclosure of a consumer’s sensitive personal information as set forth in Civil
Code section 1798.121.
(hh) “Right to opt-out of sale/sharing” means the consumer’s right to direct a businessthat sells or shares personal information about the consumer to third parties tostop doing so as set forth in Civil Code section 1798.120.
(ii) “Signed” means that the written attestation, declaration, or permission has either
been physically signed or provided electronically in accordance with the Uniform
Electronic Transactions Act, Civil Code section 1633.1 et seq.
(jj) “Third-party identity verification service” means a security process offered by anindependent third party that verifies the identity of the consumer making a request
to the business. Third-party identity verification services are subject to therequirements set forth in Article 5 regarding requests to delete, requests to correct,
or requests to know.
(kk) “Unstructured” as it relates to personal information means personal informationthat is not organized in a pre-defined manner and could not be retrieved ororganized in a pre-defined manner without disproportionate effort on behalf of thebusiness, service provider, contractor, or third party.
(ll) “Value of the consumer’s data” means the value provided to the business by the
consumer’s data as calculated under section 7081.
(mm) “Verify” means to determine that the consumer making a request to delete,request to correct, or request to know is the consumer about whom the businesshas collected information, or if that consumer is less than 13 years of age, theconsumer’s parent or legal guardian.
Note: Authority cited: Sections 1798.175 and 1798.185, Civil Code. Reference: Sections
1798.100, 1798.105, 1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130,
1798.135, 1798.140, 1798.145, 1798.150, 1798.155, 1798.175, 1798.185, 1798.199.40,
1798.199.45, 1798.199.50, 1798.199.55 and 1798.199.65, Civil Code.
§ 7002. Restrictions on the Collection and Use of Personal Information.
(a) In accordance with Civil Code section 1798.100, subdivision (c), a business’s collection, use,retention, and/or sharing of a consumer’s personal information shall be reasonably
necessary and proportionate to achieve:(1) The purpose(s) for which the personal information was collected or processed, whichshall comply with the requirements set forth in subsection (b); or(2) Another disclosed purpose that is compatible with the context in which the personal
information was collected, which shall comply with the requirements set forth insubsection (c).

Page 7 of 67

CPPA(b) The purpose(s) for which the personal information was collected or processed shall beconsistent with the reasonable expectations of the consumer(s) whose personal
information is collected or processed. The consumer’s (or consumers’) reasonable
expectations concerning the purpose for which their personal information will be collectedor processed shall be based on the following:(1) The relationship between the consumer(s) and the business. For example, if theconsumer is intentionally interacting with the business on its website to purchase agood or service, the consumer likely expects that the purpose for collecting orprocessing the personal information is to provide that good or service. By contrast,
for example, the consumer of a business’s mobile flashlight application would not
expect the business to collect the consumer’s geolocation information to provide theflashlight service.
(2) The type, nature, and amount of personal information that the business seeks tocollect or process. For example, if a business’s mobile communication application
requests access to the consumer’s contact list in order to call a specific individual, theconsumer who is providing their contact list likely expects that the purpose of thebusiness’s use of that contact list will be to connect the consumer with the specificcontact they selected. Similarly, if a business collects the consumer’s fingerprint inconnection with setting up the security feature of unlocking the device using thefingerprint, the consumer likely expects that the business’s use of the consumer’s
fingerprint is only for the purpose of unlocking their mobile device.
(3) The source of the personal information and the business’s method for collecting orprocessing it. For example, if the consumer is providing their personal information
directly to the business while using the business’s product or service, the consumer
likely expects that the business will use the personal information to provide that
product or service. However, the consumer may not expect that the business will usethat same personal information for a different product or service offered by thebusiness or the business’s subsidiary.
(4) The specificity, explicitness, prominence, and clarity of disclosures to the consumer(s)about the purpose for collecting or processing their personal information, such as in
the Notice at Collection and in the marketing materials to the consumer(s) about thebusiness’s good or service. For example, the consumer who receives a pop-up noticethat the business wants to collect the consumer’s phone number to verify theiridentity when they log in likely expects that the business will use their phone number
for the purpose of verifying the consumer’s identity and not for marketing purposes.
Similarly, the consumer may expect that a mobile application that markets itself as aservice that finds gas prices near the consumer’s location will collect and use theconsumer’s geolocation information for that specific purpose when they are using
the service.
(5) The degree to which the involvement of service providers, contractors, third parties,
or other entities in the collecting or processing of personal information is apparent toPage 8 of 67

CPPAthe consumer(s). For example, the consumer likely expects an online retailer’s
disclosure of the consumer’s name and address to a delivery service provider in orderfor that service provider to deliver a purchased product, because that service
provider’s involvement is apparent to the consumer. By contrast, the consumer may
not expect the disclosure of personal information to a service provider if theconsumer is not directly interacting with the service provider or the service provider’srole in the processing is not apparent to the consumer.
(c) Whether another disclosed purpose is compatible with the context in which the personal
information was collected shall be based on the following:(1) At the time of collection of the personal information, the reasonable expectations of
the consumer(s) whose personal information is collected or processed concerning the
purpose for which their personal information will be collected or processed, based on
the factors set forth in subsection (b).
(2) The other disclosed purpose for which the business seeks to further collect or process
the consumer’s personal information, including whether it is a business purpose
listed in Civil Code section 1798.140, subdivisions (e)(1) through (e)(8).
(3) The strength of the link between subsection (c)(1) and subsection (c)(2). For example,
a strong link exists between the consumer’s reasonable expectations that thepersonal information will be used to provide them with a requested service at thetime of collection, and the use of the information to repair errors that impair theintended functionality of that requested service. This would weigh in favor ofcompatibility. By contrast, for example, a weak link exists between the consumer’s
reasonable expectations that the personal information will be collected to provide arequested cloud storage service at the time of collection, and the use of theinformation to research and develop an unrelated facial recognition service.
(d) For each purpose identified in compliance with subsection (a)(1) or (a)(2), the collection,use, retention, and/or sharing of a consumer’s personal information to achieve that
purpose shall be reasonably necessary and proportionate. The business’s collection, use,retention, and/or sharing of a consumer’s personal information shall also be reasonably
necessary and proportionate to achieve any purpose for which the business obtains theconsumer’s consent in compliance with subsection (e). Whether a business’s collection,use, retention, and/or sharing of a consumer’s personal information is reasonably
necessary and proportionate to achieve the purpose identified in compliance withsubsection (a)(1) or (a)(2), or any purpose for which the business obtains consent, shall bebased on the following:(1) The minimum personal information that is necessary to achieve the purpose
identified in compliance with subsection (a)(1) or (a)(2), or any purpose for which thebusiness obtains consent. For example, to complete an online purchase and send an
email confirmation of the purchase to the consumer, an online retailer may need theconsumer’s order information, payment and shipping information, and email address.

Page 9 of 67

CPPA(2) The possible negative impacts on consumers posed by the business’s collection orprocessing of the personal information. For example, a possible negative impact ofcollecting precise geolocation information is that it may reveal other sensitive
personal information about the consumer, such as health information based on visits
to healthcare providers.
(3) The existence of additional safeguards for the personal information to specificallyaddress the possible negative impacts on consumers considered by the business insubsection (d)(2). For example, a business may consider encryption or automaticdeletion of personal information within a specific window of time as potential
safeguards.
(e) A business shall obtain the consumer’s consent in accordance with section 7004 before
collecting or processing personal information for any purpose that does not meet therequirements set forth in subsection (a).
(f) A business shall not collect categories of personal information other than those disclosed
in its Notice at Collection in accordance with the CCPA and section 7012. If the businessintends to collect additional categories of personal information or intends to use thepersonal information for additional purposes that are incompatible with the disclosed
purpose for which the personal information was collected, the business shall provide a new
Notice at Collection. However, any additional collecting or processing of personal
information shall comply with subsection (a).
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.106,
1798.121, 1798.130, 1798.135 and 1798.185, Civil Code.
§ 7003. Requirements for Disclosures and Communications to Consumers.
(a) Disclosures and communications to consumers shall be easy to read and understandable toconsumers. For example, they shall use plain, straightforward language and avoid technicalor legal jargon.
(b) Disclosures required under Article 2 shall also:(1) Use a format that makes the disclosure readable, including on smaller screens, if
applicable.
(2) Be available in the languages in which the business in its ordinary course provides
contracts, disclaimers, sale announcements, and other information to consumers in
California.
(3) Be reasonably accessible to consumers with disabilities. For notices provided online,
the business shall follow generally recognized industry standards, such as the Web
Content Accessibility Guidelines, version 2.1 of June 5, 2018, from the World Wide
Web Consortium, incorporated herein by reference. In other contexts, the businessshall provide information on how a consumer with a disability may access the policy inan alternative format.
Page 10 of 67

CPPA(c) For websites, a conspicuous link required under the CCPA or these regulations shall appear
in a similar manner as other similarly-posted links used by the business on its homepage(s).
For example, the business shall use a font size and color that is at least the approximate
size or color as other links next to it that are used by the business on its homepage(s).
(d) For mobile applications, a conspicuous link shall be included in the business’s privacy
policy, which must be accessible through the mobile application’s platform page or
download page. It may also be accessible through a link within the application, such as
through the application’s settings menu.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130 and 1798.135, Civil
Code.
§ 7004. Requirements for Methods for Submitting CCPA Requests and Obtaining Consumer
Consent.
(a) Except as expressly allowed by the CCPA and these regulations, businesses shall design andimplement methods for submitting CCPA requests and obtaining consumer consent thatincorporate the following principles:(1) Easy to understand. The methods shall use language that is easy for consumers toread and understand. When applicable, they shall comply with the requirements fordisclosures to consumers set forth in section 7003.
(2) Symmetry in choice. The path for a consumer to exercise a more privacy-protective
option shall not be longer or more difficult or time-consuming than the path toexercise a less privacy-protective option because that would impair or interfere withthe consumer’s ability to make a choice. Illustrative examples follow.
(A) It is not symmetrical when a business’s process for submitting a request to optout of sale/sharing requires more steps than that business’s process for a
consumer to opt-in to the sale of personal information after having previously
opted out. The number of steps for submitting a request to opt-out ofsale/sharing is measured from when the consumer clicks on the “Do Not Sell or
Share My Personal Information” link to completion of the request. The numberof steps for submitting a request to opt-in to the sale of personal information ismeasured from the first indication by the consumer to the business of theirinterest to opt-in to completion of the request.
(B) A choice to opt-in to the sale of personal information that provides only the two
options, “Yes” and “Ask me later,” is not equal or symmetrical because there is
no option to decline the opt-in. “Ask me later” implies that the consumer has notdeclined but delayed the decision and that the business will continue to ask theconsumer to opt-in. Framing the consumer’s options in this manner impairs the

Page 11 of 67

CPPAconsumer’s ability to make a choice. An equal or symmetrical choice could be
between “Yes” and “No.”(C) A website banner that provides only the two options, “Accept All” and “MoreInformation,” or, “Accept All” and “Preferences,” when seeking the consumer’s
consent to use their personal information is not equal or symmetrical because
the method allows the consumer to “Accept All” in one step, but requires theconsumer to take additional steps to exercise their rights over their personal
information. Framing the consumer’s options in this manner impairs theconsumer’s ability to make a choice. An equal or symmetrical choice could be
between “Accept All” and “Decline All.”(3) Avoid language or interactive elements that are confusing to the consumer. The
methods should not use double negatives. Toggles or buttons must clearly indicate theconsumer’s choice. Illustrative examples follow.
(A) Giving the choice of “Yes” or “No” next to the statement “Do Not Sell or ShareMy Personal Information” is a double negative and a confusing choice for a
consumer.
(B) Toggles or buttons that state “on” or “off” may be confusing to a consumer andmay require further clarifying language.
(C) Unintuitive placement of buttons to confirm a consumer’s choice may be
confusing to the consumer. For example, it is confusing to the consumer when abusiness at first consistently offers choices in the order of “Yes,” then “No,” butthen offers choices in the opposite order—“No,” then “Yes”—when asking theconsumer something that would contravene the consumer’s expectation.
(4) Avoid choice architecture that impairs or interferes with the consumer’s ability tomake a choice. Businesses should also not design their methods in a manner thatwould impair the consumer’s ability to exercise their choice because consent must be
freely given, specific, informed, and unambiguous. Illustrative examples follow.
(A) Requiring the consumer to click through disruptive screens before they are able
to submit a request to opt-out of sale/sharing is a choice architecture that
impairs or interferes with the consumer’s ability to exercise their choice.
(B) Bundling choices so that the consumer is only offered the option to consent tousing personal information for purposes that meet the requirements set forth insection 7002, subsection (a), together with purposes that are incompatible withthe context in which the personal information was collected is a choicearchitecture that impairs or interferes with the consumer’s ability to make achoice. For example, a business that provides a location-based service, such as amobile application that finds gas prices near the consumer’s location, shall not

Page 12 of 67

CPPArequire the consumer to consent to incompatible uses (e.g., sale of theconsumer’s geolocation to data brokers) together with a reasonably necessary
and proportionate use of geolocation information for providing the locationbased services, which does not require consent. This type of choice architecture
does not allow consent to be freely given, specific, informed, or unambiguous
because it requires the consumer to consent to incompatible uses in order toobtain the expected service. The business should provide the consumer aseparate option to consent to the business’s use of personal information that
does not meet the requirements set forth in section 7002, subsection (a).
(5) Easy to execute. The business shall not add unnecessary burden or friction to theprocess by which the consumer submits a CCPA request. Methods should be tested toensure that they are functional and do not undermine the consumer’s choice tosubmit the request. Illustrative examples follow.
(A) Upon clicking the “Do Not Sell or Share My Personal Information” link, thebusiness shall not require the consumer to search or scroll through the text of a
privacy policy or similar document or webpage to locate the mechanism forsubmitting a request to opt-out of sale/sharing.
(B) A business that knows of, but does not remedy, circular or broken links, or
nonfunctional email addresses, such as inboxes that are not monitored or haveaggressive filters that screen emails from the public, may be in violation of thisregulation.
(C) Businesses that require the consumer to unnecessarily wait on a webpage as thebusiness processes the request may be in violation of this regulation.
(b) A method that does not comply with subsection (a) may be considered a dark pattern. Any
agreement obtained through the use of dark patterns shall not constitute consumer
consent. For example, a business that uses dark patterns to obtain consent from a
consumer to sell their personal information shall be in the position of never having
obtained the consumer’s consent to do so.
(c) A user interface is a dark pattern if the interface has the effect of substantially subvertingor impairing user autonomy, decisionmaking, or choice. A business’s intent in designing theinterface is not determinative in whether the user interface is a dark pattern, but a factor
to be considered. If a business did not intend to design the user interface to subvert or
impair user choice, but the business knows of and does not remedy a user interface thathas that effect, the user interface may still be a dark pattern. Similarly, a business’s
deliberate ignorance of the effect of its user interface may also weigh in favor of
establishing a dark pattern.

Page 13 of 67

CPPANote: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130, 1798.135, 1798.140
and 1798.185, Civil Code.
ARTICLE 2. REQUIRED DISCLOSURES TO CONSUMERS§ 7010. Overview of Required Disclosures.
(a) Every business that must comply with the CCPA and these regulations shall provide a
privacy policy in accordance with the CCPA and section 7011.
(b) A business that controls the collection of a consumer’s personal information from a
consumer shall provide a Notice at Collection in accordance with the CCPA and section
7012.
(c) Except as set forth in section 7025, subsection (g), a business that sells or shares personal
information shall provide a Notice of Right to Opt-out of Sale/Sharing or the Alternative
Opt-out Link in accordance with the CCPA and sections 7013 and 7015.
(d) A business that uses or discloses a consumer’s sensitive personal information for purposes
other than those specified in section 7027, subsection (m), shall provide a Notice of Right
to Limit or the Alternative Opt-out Link in accordance with the CCPA and sections 7014 and
7015.
(e) A business that offers a financial incentive or price or service difference shall provide a
Notice of Financial Incentive in accordance with the CCPA and section 7016.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130 and 1798.135, Civil
Code.
§ 7011. Privacy Policy.
(a) The purpose of the privacy policy is to provide consumers with a comprehensive
description of a business’s online and offline information practices. It shall also informconsumers about the rights they have regarding their personal information and provide
any information necessary for them to exercise those rights.
(b) The privacy policy shall comply with section 7003, subsections (a) and (b).
(c) The privacy policy shall be available in a format that allows a consumer to print it out as a
document.
(d) The privacy policy shall be posted online and accessible through a conspicuous link thatcomplies with section 7003, subsections (c) and (d), using the word “privacy” on thebusiness’s website homepage(s) or on the download or landing page of a mobile
application. If the business has a California-specific description of consumers’ privacy rights
on its website, then the privacy policy shall be included in that description. A business that

Page 14 of 67

CPPAdoes not operate a website shall make the privacy policy conspicuously available toconsumers. A mobile application may include a link to the privacy policy in the application’s
settings menu.
(e) The privacy policy shall include the following information:(1) A comprehensive description of the business’s online and offline information
practices, which includes the following:(A) Identification of the categories of personal information the business hascollected about consumers in the preceding 12 months. The categories shall be
described using the specific terms set forth in Civil Code section 1798.140,
subdivisions (v)(1)(A) to (K) and (ae)(1) to (2). To the extent that the businesshas discretion in its description, the business shall describe the category in amanner that provides consumers a meaningful understanding of theinformation being collected.
(B) Identification of the categories of sources from which the personal informationis collected.
(C) Identification of the specific business or commercial purpose for collecting
personal information from consumers. The purpose shall be described in amanner that provides consumers a meaningful understanding of why the
information is collected.
(D) Identification of the categories of personal information, if any, that the businesshas sold or shared to third parties in the preceding 12 months. If the businesshas not sold or shared consumers’ personal information in the preceding 12months, the business shall disclose that fact.
(E) For each category of personal information identified in subsection (e)(1)(D), thecategories of third parties to whom the information was sold or shared.
(F) Identification of the specific business or commercial purpose for selling or
sharing consumers’ personal information. The purpose shall be described in amanner that provides consumers a meaningful understanding of why the
information is sold or shared.
(G) A statement regarding whether the business has actual knowledge that it sells
or shares the personal information of consumers under 16 years of age.
(H) Identification of the categories of personal information, if any, that the businesshas disclosed for a business purpose to third parties in the preceding 12months. If the business has not disclosed consumers’ personal information for abusiness purpose in the preceding 12 months, the business shall disclose that
fact.
(I)

For each category of personal information identified in subsection (e)(1)(H), thecategories of third parties to whom the information was disclosed.
Page 15 of 67

CPPA

(J) Identification of the specific business or commercial purpose for disclosing theconsumer’s personal information. The purpose shall be described in a mannerthat provides consumers a meaningful understanding of why the information isdisclosed.
(K) A statement regarding whether the business uses or discloses sensitive personal
information for purposes other than those specified in section 7027, subsection(m).
(2) An explanation of the rights that the CCPA confers on consumers regarding theirpersonal information, which includes all of the following:(A) The right to know what personal information the business has collected about
the consumer, including the categories of personal information, the categories
of sources from which the personal information is collected, the business orcommercial purpose for collecting, selling, or sharing personal information, thecategories of third parties to whom the business discloses personal information,and the specific pieces of personal information the business has collected about
the consumer.
(B) The right to delete personal information that the business has collected fromthe consumer, subject to certain exceptions.
(C) The right to correct inaccurate personal information that a business maintains
about a consumer.
(D) If the business sells or shares personal information, the right to opt-out of thesale or sharing of their personal information by the business.
(E) If the business uses or discloses sensitive personal information for reasons
other than those set forth in section 7027, subsection (m), the right to limit theuse or disclosure of sensitive personal information by the business.
(F) The right not to receive discriminatory treatment by the business for the
exercise of privacy rights conferred by the CCPA, including an employee’s,
applicant’s, or independent contractor’s right not to be retaliated against for
the exercise of their CCPA rights.
(3) An explanation of how consumers can exercise their CCPA rights and what consumers
can expect from that process, which includes all of the following:(A) An explanation of the methods by which the consumer can exercise their CCPA
rights.
(B) Instructions for submitting a request under the CCPA, including any links to an
online request form or portal for making such a request, if offered by thebusiness.

Page 16 of 67

CPPA(C) If the business sells or shares personal information, and is required to provide a
Notice of Right to Opt-out of Sale/Sharing, the contents of the Notice of Right to
Opt-out of Sale/Sharing or a link to that notice in accordance with section 7013,
subsection (f).
(D) If the business uses or discloses sensitive personal information for purposes
other than those specified in section 7027, subsection (m), and is required toprovide a Notice of Right to Limit, the contents of the Notice of Right to Limit ora link to that notice in accordance with section 7014, subsection (f).
(E) A general description of the process the business uses to verify a consumer
request to know, request to delete, and request to correct, when applicable,
including any information the consumer must provide.
(F) Explanation of how an opt-out preference signal will be processed for the
consumer (i.e., whether the signal applies to the device, browser, consumer
account, and/or offline sales, and in what circumstances) and how theconsumer can use an opt-out preference signal.
(G) If the business processes opt-out preference signals in a frictionless manner,
information on how consumers can implement opt-out preference signals forthe business to process in a frictionless manner.
(H) Instructions on how an authorized agent can make a request under the CCPA on
the consumer’s behalf.
(I)

If the business has actual knowledge that it sells the personal information of
consumers under 16 years of age, a description of the processes required bysections 7070 and 7071.

(J) A contact for questions or concerns about the business’s privacy policies andinformation practices using a method reflecting the manner in which thebusiness primarily interacts with the consumer.
(4) Date the privacy policy was last updated.
(5) If subject to the data reporting requirements set forth in section 7102, theinformation required under section 7102, or a link to that information.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130 and 1798.135, Civil
Code.
§ 7012. Notice at Collection of Personal Information.
(a) The purpose of the Notice at Collection is to provide consumers with timely notice, at or
before the point of collection, about the categories of personal information to be collectedfrom them, the purposes for which the personal information is collected or used, andwhether that information is sold or shared, so that consumers have a tool to exercise
Page 17 of 67

CPPAmeaningful control over the business’s use of their personal information. For example,
upon receiving the Notice at Collection, the consumer can use the information in thenotice as a tool to choose whether to engage with the business, or to direct the businessnot to sell or share their personal information and to limit the use and disclosure of their
sensitive personal information.
(b) The Notice at Collection shall comply with section 7003, subsections (a) and (b).
(c) The Notice at Collection shall be made readily available where consumers will encounter itat or before the point of collection of any personal information. Illustrative examples
follow.
(1) When a business collects consumers’ personal information online, it may post aconspicuous link to the notice on the introductory page of the business’s website andon all webpages where personal information is collected.
(2) When a business collects consumers’ personal information through a webform, it may
post a conspicuous link to the notice in close proximity to the fields in which theconsumer inputs their personal information, or in close proximity to the button bywhich the consumer submits their personal information to the business.
(3) When a business collects personal information through a mobile application, it may
provide a link to the notice on the mobile application’s download page and within theapplication, such as through the application’s settings menu.
(4) When a business collects consumers’ personal information offline, it may include thenotice on printed forms that collect personal information, provide the consumer witha paper version of the notice, or post prominent signage directing consumers to where
the notice can be found online.
(5) When a business collects personal information over the telephone or in person, it may
provide the notice orally.
(d) If a business does not give the Notice at Collection to the consumer at or before the pointof collection of their personal information, the business shall not collect personal
information from the consumer.
(e) A business shall include the following in its Notice at Collection:(1) A list of the categories of personal information about consumers, including categories
of sensitive personal information, to be collected. Each category of personal
information shall be written in a manner that provides consumers a meaningfulunderstanding of the information being collected.
(2) The purpose(s) for which the categories of personal information, including categories
of sensitive personal information, are collected and used.
(3) Whether each category of personal information identified in subsection (e)(1) is soldor shared.

Page 18 of 67

CPPA(4) The length of time the business intends to retain each category of personal
information identified in subsection (e)(1), or if that is not possible, the criteria used todetermine the period of time it will be retained.
(5) If the business sells or shares personal information, the link to the Notice of Right to
Opt-out of Sale/Sharing, or in the case of offline notices, where the webpage can befound online.
(6) A link to the business’s privacy policy, or in the case of offline notices, where theprivacy policy can be found online.
(f) If a business collects personal information from a consumer online, the Notice at Collection
may be given to the consumer by providing a link that takes the consumer directly to thespecific section of the business’s privacy policy that contains the information required insubsection (e)(1) through (6). Directing the consumer to the beginning of the privacy
policy, or to another section of the privacy policy that does not contain the required
information, so that the consumer is required to scroll through other information in orderto determine the categories of personal information to be collected and/or whether thebusiness sells or shares the personal information collected, does not satisfy this standard.
(g) Third Parties that Control the Collection of Personal Information. This subsection shall notaffect the first party’s obligations under the CCPA to comply with a consumer’s request to
opt-out of sale/sharing.
(1) For purposes of giving Notice at Collection, more than one business may control thecollection of a consumer’s personal information, and thus, have an obligation toprovide a Notice at Collection in accordance with the CCPA and these regulations. For
example, a first party may allow another business, acting as a third party, to control
the collection of personal information from consumers browsing the first party’s
website. Both the first party that allows the third parties to collect personal
information via its website, as well as the third party controlling the collection of
personal information, shall provide a Notice at Collection. The first party and third
parties may provide a single Notice at Collection that includes the required
information about their collective information practices.
(2) A business that, acting as a third party, controls the collection of personal
information on another business’s physical premises, such as in a retail store or in a
vehicle, shall provide a Notice at Collection in a conspicuous manner at the physicallocation(s) where it is collecting the personal information.
(3) Illustrative examples follow.
(A) Business F allows Business G, a third party ad network, to collect consumers’
personal information through Business F’s website. Business F may post aconspicuous link to its Notice at Collection on its homepage(s). Business G shallprovide a Notice at Collection on its homepage(s) or include the required
information about its information practices in Business F’s Notice at Collection.

Page 19 of 67

CPPA(B) Business H, a coffee shop, allows Business I, a business providing Wi-Fi services,to collect personal information from consumers using Business I’s services on
Business H’s premises. Business H may post conspicuous signage at theentrance of the store or at the point-of-sale directing consumers to where theNotice at Collection for Business H can be found online. In addition, Business I
shall post its own Notice at Collection on the first webpage or other interface
consumers see before connecting to the Wi-Fi services offered.
(C) Business J, a car rental business, allows Business K to collect personal
information from consumers within the vehicles Business J rents to consumers.
Business J may give its Notice at Collection to the consumer at the point of sale(i.e., at the rental counter) either in writing or orally. Business K may provide its
own Notice at Collection within the vehicle, such as through signage on thevehicle’s dashboard directing consumers to where the notice can be foundonline.
(h) A business that neither collects nor controls the collection of personal information directlyfrom the consumer does not need to provide a Notice at Collection to the consumer if itneither sells nor shares the consumer’s personal information.
(i)

A data broker registered with the Attorney General pursuant to Civil Code section
1798.99.80 et seq. that collects personal information from a source other than directlyfrom the consumer does not need to provide a Notice at Collection to the consumer if it
has included in its registration submission a link to its online privacy policy that includes
instructions on how a consumer can submit a request to opt-out of sale/sharing.

Note: Authority: Section 1798.185, Civil Code. Reference: Sections 1798.99.82, 1798.100,
1798.115, 1798.120, 1798.121, 1798.145 and 1798.185, Civil Code.
§ 7013. Notice of Right to Opt-out of Sale/Sharing and the “Do Not Sell or Share My Personal
Information” Link.
(a) The purpose of the Notice of Right to Opt-out of Sale/Sharing is to inform consumers of
their right to direct a business that sells or shares their personal information to stop sellingor sharing their personal information and to provide them with the opportunity to exercisethat right. The purpose of the “Do Not Sell or Share My Personal Information” link is toimmediately effectuate the consumer’s right to opt-out of sale/sharing, or in thealternative, direct the consumer to the Notice of Right to Opt-out of Sale/Sharing.
Accordingly, clicking the business’s “Do Not Sell or Share My Personal Information” link will
either have the immediate effect of opting the consumer out of the sale or sharing of
personal information or lead the consumer to a webpage where the consumer can learn
about and make that choice.
(b) The Notice of Right to Opt-out of Sale/Sharing shall comply with section 7003, subsections(a) and (b).

Page 20 of 67

CPPA(c) The “Do Not Sell or Share My Personal Information” link shall be a conspicuous link thatcomplies with section 7003, subsections (c) and (d) and is located at either the header orfooter of the business’s internet homepage(s).
(d) In lieu of posting the “Do Not Sell or Share My Personal Information” link, a business may
provide the Alternative Opt-out Link in accordance with section 7015 or process opt-out
preference signals in a frictionless manner in accordance with section 7025, subsections (f)and (g). The business must still post a Notice of Right to Opt-out of Sale/Sharing inaccordance with these regulations.
(e) A business that sells or shares the personal information of consumers shall provide theNotice of Right to Opt-out of Sale/Sharing to consumers as follows:(1) A business shall post the Notice of Right to Opt-out of Sale/Sharing on the internet
webpage to which the consumer is directed after clicking on the “Do Not Sell or ShareMy Personal Information” link. The notice shall include the information specified insubsection (f) or be a link that takes the consumer directly to the specific section of
the business’s privacy policy that contains the same information. If clicking on the“Do Not Sell or Share My Personal Information” link immediately effectuates theconsumer’s right to opt-out of sale/sharing or if the business processes opt-out
preference signals in a frictionless manner and chooses not to post a link, thebusiness shall provide the notice within its privacy policy.
(2) A business that does not operate a website shall establish, document, and comply
with another method by which it informs consumers of their right to opt-out ofsale/sharing. That method shall comply with the requirements set forth in section
7003.
(3) A business shall also provide the notice to opt-out of sale/sharing in the samemanner in which it collects the personal information that it sells or shares. Illustrative
examples follow.
(A) A business that sells or shares personal information that it collects in the courseof interacting with consumers offline, such as in a brick-and-mortar store, shallprovide notice through an offline method, e.g., on the paper forms that collectthe personal information or by posting signage in the area where the personal
information is collected directing consumers to where the notice can be foundonline.
(B) A business that sells or shares personal information that it collects over thephone shall provide notice orally during the call when the information iscollected.
(f) A business shall include the following in its Notice of Right to Opt-out of Sale/Sharing:(1) A description of the consumer’s right to opt-out of the sale or sharing of theirpersonal information by the business; andPage 21 of 67

CPPA(2) Instructions on how the consumer can submit a request to opt-out of sale/sharing. If
notice is provided online, the notice shall include the interactive form by which theconsumer can submit their request to opt-out of sale/sharing online, as required bysection 7026, subsection (a)(1). If the business does not operate a website, the notice
shall explain the offline method by which the consumer can submit their request to
opt-out of sale/sharing.
(g) A business does not need to provide a Notice of Right to Opt-out of Sale/Sharing or the “Do
Not Sell or Share My Personal Information” link if:(1) It does not sell or share personal information; and(2) It states in its privacy policy that it does not sell or share personal information.
(h) A business shall not sell or share the personal information it collected during the time thebusiness did not have a Notice of Right to Opt-out of Sale/Sharing posted unless it obtains
the consent of the consumer.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.135 and1798.185, Civil Code.
§ 7014. Notice of Right to Limit and the “Limit the Use of My Sensitive Personal Information”
Link.
(a) The purpose of the Notice of Right to Limit is to inform consumers of their right to limit abusiness’s use and disclosure of their sensitive personal information and to provide themwith the opportunity to exercise that right. The purpose of the “Limit the Use of My
Sensitive Personal Information” link is to immediately effectuate the consumer’s right tolimit, or in the alternative, direct the consumer to the Notice of Right to Limit. Accordingly,
clicking the business’s “Limit the Use of My Sensitive Personal Information” link will either
have the immediate effect of limiting the use and disclosure of the consumer’s sensitive
personal information or lead the consumer to a webpage where the consumer can learn
about and make that choice.
(b) The Notice of Right to Limit shall comply with section 7003, subsections (a) and (b).
(c) The “Limit the Use of My Sensitive Personal Information” link shall be a conspicuous linkthat complies with section 7003, subsections (c) and (d), and is located at either the header
or footer of the business’s internet homepage(s).
(d) In lieu of posting the “Limit the Use of My Sensitive Personal Information” link, a businessmay provide the Alternative Opt-out Link in accordance with section 7015. The businessshall still post a Notice of Right to Limit in accordance with these regulations.
(e) A business that uses or discloses a consumer’s sensitive personal information for purposes
other than those specified in section 7027, subsection (m), shall provide the Notice of Right
to Limit to consumers as follows:

Page 22 of 67

CPPA(1) A business shall post the Notice of Right to Limit on the internet webpage to which
the consumer is directed after clicking on the “Limit the Use of My Sensitive Personal
Information” link. The notice shall include the information specified in subsection (f)or be a link that takes the consumer directly to the specific section of the business’s
privacy policy that contains the same information. If clicking on the “Limit the Use of
My Sensitive Personal Information” link immediately effectuates the consumer’s rightto limit, the business shall provide the notice within its privacy policy.
(2) A business that does not operate a website shall establish, document, and comply
with another method by which it informs consumers of their right to limit. Thatmethod shall comply with the requirements set forth in section 7003.
(f) A business shall include the following in its Notice of Right to Limit:(1) A description of the consumer’s right to limit; and(2) Instructions on how the consumer can submit a request to limit. If notice is provided
online, the notice shall include the interactive form by which the consumer can
submit their request to limit online, as required by section 7027, subsection (b)(1). If
the business does not operate a website, the notice shall explain the offline methodby which the consumer can submit their request to limit.
(g) A business does not need to provide a Notice of Right to Limit or the “Limit the Use of My
Sensitive Personal Information” link if:(1) It only uses and discloses sensitive personal information that it collected about theconsumer for the purposes specified in section 7027, subsection (m), and states so in
its privacy policy; or(2) It only collects or processes sensitive personal information without the purpose ofinferring characteristics about a consumer, and states so in its privacy policy.
(h) A business shall not use or disclose sensitive personal information it collected during thetime the business did not have a Notice of Right to Limit posted for purposes other thanthose specified in section 7027, subsection (m), unless it obtains the consent of theconsumer.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.121, 1798.135 and1798.185, Civil Code.
§ 7015. Alternative Opt-out Link.
(a) The purpose of the Alternative Opt-out Link is to provide businesses the option ofproviding consumers with a single, clearly-labeled link that allows consumers to easily
exercise both their right to opt-out of sale/sharing and right to limit, instead of posting thetwo separate “Do Not Sell or Share My Personal Information” and “Limit the Use of My
Sensitive Personal Information” links. The Alternative Opt-out Link shall direct the

Page 23 of 67

CPPAconsumer to a webpage that informs them of both their right to opt-out of sale/sharing
and right to limit and provides them with the opportunity to exercise both rights.
(b) A business that chooses to use an Alternative Opt-out Link shall title the link, “Your Privacy
Choices,” or, “Your California Privacy Choices,” and shall include the following opt-out icon
adjacent to the title. The link shall be a conspicuous link that complies with section 7003,
subsections (c) and (d), and is located at either the header or footer of the business’s
internet homepage(s). The icon shall be approximately the same size as other icons usedby the business in the header or footer of its webpage.

(c) The Alternative Opt-out Link shall direct the consumer to a webpage that includes thefollowing information:(1) A description of the consumer’s right to opt-out of sale/sharing and right to limit,
which shall comply with section 7003, subsections (a) and (b); and(2) The interactive form or mechanism by which the consumer can submit their request to
opt-out of sale/sharing and their right to limit online. The method shall be easy for
consumers to execute, shall require minimal steps, and shall comply with section
7004.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.121,
1798.135 and 1798.185, Civil Code.
§ 7016. Notice of Financial Incentive.
(a) The purpose of the Notice of Financial Incentive is to explain to the consumer the material
terms of a financial incentive or price or service difference the business is offering so thatthe consumer may make an informed decision about whether to participate. A businessthat does not offer a financial incentive or price or service difference is not required toprovide a Notice of Financial Incentive.
(b) The Notice of Financial Incentive shall comply with section 7003, subsections (a) and (b).
(c) The Notice of Financial Incentive shall be readily available where consumers will encounterit before opting-in to the financial incentive or price or service difference. If the business
offers the financial incentive or price or service difference online, the notice may be given
by providing a link that takes the consumer directly to the specific section of a business’s
privacy policy that contains the information required in subsection (d).
(d) A business shall include the following in its Notice of Financial Incentive:(1) A succinct summary of the financial incentive or price or service difference offered;Page 24 of 67

CPPA(2) A description of the material terms of the financial incentive or price or service
difference, including the categories of personal information that are implicated by
the financial incentive or price or service difference and the value of the consumer’sdata;(3) How the consumer can opt-in to the financial incentive or price or service difference;(4) A statement of the consumer’s right to withdraw from the financial incentive at any
time and how the consumer may exercise that right; and(5) An explanation of how the price or service difference is reasonably related to thevalue of the consumer’s data, including:(A) A good-faith estimate of the value of the consumer’s data that forms the basis
for offering the price or service difference; and(B) A description of the method(s) the business used to calculate the value of theconsumer’s data.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.125 and 1798.130,
Civil Code.
ARTICLE 3. BUSINESS PRACTICES FOR HANDLING CONSUMER REQUESTS§ 7020. Methods for Submitting Requests to Delete, Requests to Correct, and Requests to
Know.
(a) A business that operates exclusively online and has a direct relationship with a consumer
from whom it collects personal information shall only be required to provide an email
address for submitting requests to delete, requests to correct, and requests to know.
(b) A business that does not fit the description in subsection (a) shall provide two or moredesignated methods for submitting requests to delete, requests to correct, and requests toknow. One of those methods must be a toll-free telephone number. If the businessmaintains an internet website, one of the methods for submitting these requests shall bethrough its website, such as through a webform. Other methods for submitting requests todelete, requests to correct, and requests to know may include, but are not limited to, adesignated email address, a form submitted in person, and a form submitted through themail.
(c) A business shall consider the methods by which it primarily interacts with consumers when
determining which methods to provide for submitting requests to delete, requests tocorrect, and requests to know. If the business interacts with consumers in person, thebusiness shall consider providing an in-person method such as a printed form theconsumer can directly submit or send by mail, a tablet or computer portal that allows the

Page 25 of 67

CPPAconsumer to complete and submit an online form, or a telephone with which theconsumer can call the business’s toll-free number.
(d) A business may use a two-step process for online requests to delete where the consumer
must first, submit the request to delete and then second, separately confirm that theywant their personal information deleted provided that the business otherwise complies
with section 7004.
(e) If a consumer submits a request in a manner that is not one of the designated methods ofsubmission, or is deficient in some manner unrelated to the verification process, thebusiness shall either:(1) Treat the request as if it had been submitted in accordance with the business’s
designated manner, or(2) Provide the consumer with information on how to submit the request or remedy any
deficiencies with the request, if applicable.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.130, 1798.140 and 1798.185, Civil Code.
§ 7021. Timelines for Responding to Requests to Delete, Requests to Correct, and Requests
to Know.
(a) No later than 10 business days after receiving a request to delete, request to correct, or
request to know, a business shall confirm receipt of the request and provide information
about how the business will process the request. The information provided shall describe ingeneral the business’s verification process and when the consumer should expect a
response, except in instances where the business has already granted or denied therequest. The confirmation may be given in the same manner in which the request wasreceived. For example, if the request is made over the phone, the confirmation may be
given orally during the phone call.
(b) Businesses shall respond to a request to delete, request to correct, and request to know nolater than 45 calendar days after receipt of the request. The 45-day period will begin on the
day that the business receives the request, regardless of time required to verify therequest. If the business cannot verify the consumer within the 45-day time period, thebusiness may deny the request. If necessary, businesses may take up to an additional 45
calendar days to respond to the consumer’s request, for a maximum total of 90 calendar
days from the day the request is received, provided that the business provides theconsumer with notice and an explanation of the reason that the business will take morethan 45 days to respond to the request.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.130, 1798.140 and 1798.185, Civil Code.

Page 26 of 67

CPPA§ 7022. Requests to Delete.
(a) For requests to delete, if a business cannot verify the identity of the requestor pursuant to
the regulations set forth in Article 5, the business may deny the request to delete. The
business shall inform the requestor that their identity cannot be verified.
(b) A business shall comply with a consumer’s request to delete their personal information by:(1) Permanently and completely erasing the personal information from its existing
systems except archived or backup systems, deidentifying the personal information, or
aggregating the consumer information;(2) Notifying the business’s service providers or contractors of the need to delete fromtheir records the consumer’s personal information that they collected pursuant totheir written contract with the business, or if enabled to do so by the service provider
or contractor, the business shall delete the personal information that the service
provider or contractor collected pursuant to their written contract with the business;and(3) Notifying all third parties to whom the business has sold or shared the personal
information of the need to delete the consumer’s personal information unless thisproves impossible or involves disproportionate effort. If a business claims that
notifying some or all third parties would be impossible or would involve
disproportionate effort, the business shall provide the consumer a detailed
explanation that includes enough facts to give a consumer a meaningful understanding
as to why the business cannot notify all third parties. The business shall not simply
state that notifying all third parties is impossible or would require disproportionate
effort.
(c) A service provider or contractor shall, with respect to personal information that theycollected pursuant to their written contract with the business and upon notification by thebusiness, cooperate with the business in responding to a request to delete by doing all of
the following:(1) Permanently and completely erasing the personal information from its existing
systems except archived or backup systems, deidentifying the personal information,
aggregating the consumer information, or enabling the business to do so.
(2) To the extent that an exception applies to the deletion of personal information,
deleting or enabling the business to delete the consumer’s personal information thatis not subject to the exception and refraining from using the consumer’s personal
information retained for any purpose other than the purpose provided for by thatexception.

Page 27 of 67

CPPA(3) Notifying any of its own service providers or contractors of the need to delete fromtheir records in the same manner the consumer’s personal information that theycollected pursuant to their written contract with the service provider or contractor.
(4) Notifying any other service providers, contractors, or third parties that may haveaccessed personal information from or through the service provider or contractor,
unless the information was accessed at the direction of the business, of the need todelete the consumer’s personal information unless this proves impossible or involves
disproportionate effort.
(d) If a business, service provider, or contractor stores any personal information on archived or
backup systems, it may delay compliance with the consumer’s request to delete, withrespect to data stored on the archived or backup system, until the archived or backup
system relating to that data is restored to an active system or is next accessed or used for asale, disclosure, or commercial purpose.
(e) In responding to a request to delete, a business shall inform the consumer whether it hascomplied with the consumer’s request. The business shall also inform the consumer that it
will maintain a record of the request as required by section 7101, subsection (a). A
business, service provider, contractor, or third party may retain a record of the request forthe purpose of ensuring that the consumer’s personal information remains deleted fromits records.
(f) In cases where a business denies a consumer’s request to delete in whole or in part, thebusiness shall do all of the following:(1) Provide to the consumer a detailed explanation of the basis for the denial, including
any conflict with federal or state law, exception to the CCPA, or factual basis forcontending that compliance would be impossible or involve disproportionate effort,
unless prohibited from doing so by law.
(2) Delete the consumer’s personal information that is not subject to the exception.
(3) Not use the consumer’s personal information retained for any other purpose thanprovided for by that exception; and(4) Instruct its service providers and contractors to delete the consumer’s personal
information that is not subject to the exception and to not use the consumer’s
personal information retained for any purpose other than the purpose provided forby that exception.
(g) If a business that denies a consumer’s request to delete sells or shares personal
information and the consumer has not already made a request to opt-out of sale/sharing,
the business shall ask the consumer if they would like to opt-out of the sale or sharing ofPage 28 of 67

CPPAtheir personal information and shall include either the contents of, or a link to, the Noticeof Right to Opt-out of Sale/Sharing in accordance with section 7013.
(h) In responding to a request to delete, a business may present the consumer with the choice
to delete select portions of their personal information as long as a single option to delete
all personal information is also offered. A business that provides consumers the ability todelete select categories of personal information in other contexts (e.g., purchase history,
browsing history, voice recordings), however, must inform consumers of their ability to doso and direct them to how they can do so. For example, a business may provide theconsumer with a link to a support page or other resource that explains consumers’ datadeletion options.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.105, 1798.130 and
1798.185, Civil Code.
§ 7023. Requests to Correct.
(a) For requests to correct, if a business cannot verify the identity of the requestor pursuant to
the regulations set forth in Article 5, the business may deny the request to correct. The
business shall inform the requestor that their identity cannot be verified.
(b) In determining the accuracy of the personal information that is the subject of a consumer’s
request to correct, the business shall consider the totality of the circumstances relating to
the contested personal information. A business may deny a consumer’s request to correct
if it determines that the contested personal information is more likely than not accurate
based on the totality of the circumstances.
(1) Considering the totality of the circumstances includes, but is not limited to,considering:(A) The nature of the personal information (e.g., whether it is objective, subjective,
unstructured, sensitive, etc.).
(B) How the business obtained the contested information.
(C) Documentation relating to the accuracy of the information whether provided by
the consumer, the business, or another source. Requirements regarding
documentation are set forth in subsection (d).
(2) If the business is not the source of the personal information and has no
documentation in support of the accuracy of the information, the consumer’s
assertion of inaccuracy may be sufficient to establish that the personal information is
inaccurate.
(c) A business that complies with a consumer’s request to correct shall correct the personal
information at issue on its existing systems. The business shall also instruct all service
Page 29 of 67

CPPA

providers and contractors that maintain the personal information at issue pursuant to theirwritten contract with the business to make the necessary corrections in their respective
systems. Service providers and contractors shall comply with the business’s instructions tocorrect the personal information or enable the business to make the corrections. If abusiness, service provider, or contractor stores any personal information that is the subjectof the request to correct on archived or backup systems, it may delay compliance with theconsumer’s request to correct, with respect to data stored on the archived or backup
system, until the archived or backup system relating to that data is restored to an active
system or is next accessed or used.
(d) Documentation.
(1) A business shall accept, review, and consider any documentation that the consumer
provides in connection with their right to correct whether provided voluntarily or as
required by the business. Consumers should make a good-faith effort to provide
businesses with all necessary information available at the time of the request.
(2) A business may require the consumer to provide documentation if necessary to rebut
its own documentation that the personal information is accurate. In determining thenecessity of the documentation requested, the business shall consider the following:(A) The nature of the personal information at issue (e.g., whether it is objective,
subjective, unstructured, sensitive, etc.).
(B) The nature of the documentation upon which the business considers the
personal information to be accurate (e.g., whether the documentation is from atrusted source, whether the documentation is verifiable, etc.)(C) The purpose for which the business collects, maintains, or uses the personal
information. For example, if the personal information is essential to thefunctioning of the business, the business may require more documentation.
(D) The impact on the consumer. For example, if the personal information has anegative impact on the consumer, the business may require lessdocumentation.
(3) Any documentation provided by the consumer in connection with their request tocorrect shall only be used and/or maintained by the business for the purpose ofcorrecting the consumer’s personal information and to comply with the recordkeeping obligations under section 7101.
(4) The business shall implement and maintain reasonable security procedures andpractices in maintaining any documentation relating to the consumer’s request tocorrect.

Page 30 of 67

CPPA(e) A business may delete the contested personal information as an alternative to correcting
the information if the deletion of the personal information does not negatively impact theconsumer, or the consumer consents to the deletion. For example, if deleting instead ofcorrecting inaccurate personal information would make it harder for the consumer toobtain a job, housing, credit, education, or other type of opportunity, the business shallprocess the request to correct or obtain the consumer’s consent to delete the information.
(f) In responding to a request to correct, a business shall inform the consumer whether it hascomplied with the consumer’s request. If the business denies a consumer’s request tocorrect in whole or in part, the business shall do the following:(1) Explain the basis for the denial, including any conflict with federal or state law,
exception to the CCPA, inadequacy in the required documentation, or contention
that compliance proves impossible or involves disproportionate effort.
(2) If a business claims that complying with the consumer’s request to correct would be
impossible or would involve disproportionate effort, the business shall provide theconsumer a detailed explanation that includes enough facts to give a consumer ameaningful understanding as to why the business cannot comply with the request.
The business shall not simply state that it is impossible or would require
disproportionate effort.
(3) If a business denies a consumer’s request to correct personal information collected
and analyzed concerning a consumer’s health, the business shall also inform theconsumer that they may provide a written statement to the business to be made partof the consumer’s record pursuant to Civil Code section 1798.185, subdivision(a)(8)(D). The business shall explain to the consumer that the written statement islimited to 250 words per alleged inaccurate piece of personal information and shall
include that the consumer must request that the statement be made part of theconsumer’s record. Upon receipt of such a statement, the business shall include itwith the consumer’s record.
(4) If the personal information at issue can be deleted pursuant to a request to delete,
inform the consumer that they can make a request to delete the personal
information and provide instructions on how the consumer can make a request to
delete.
(g) A business may deny a consumer’s request to correct if the business has denied theconsumer’s request to correct the same alleged inaccuracy within the past six months ofreceiving the request. However, the business must treat the request to correct as new if
the consumer provides new or additional documentation to prove that the information atissue is inaccurate.
(h) A business may deny a request to correct if it has a good-faith, reasonable, anddocumented belief that a request to correct is fraudulent or abusive. The business shall
Page 31 of 67

CPPAinform the requestor that it will not comply with the request and shall provide an
explanation why it believes the request is fraudulent or abusive.
(i) Where the business is not the source of the information that the consumer contends is
inaccurate, in addition to processing the consumer’s request, the business may provide theconsumer with the name of the source from which the business received the alleged
inaccurate information.
(j)

Upon request, a business shall disclose specific pieces of personal information that thebusiness maintains and has collected about the consumer to allow the consumer toconfirm that the business has corrected the inaccurate information that was the subject of
the consumer’s request to correct. This disclosure shall not be considered a response to arequest to know that is counted towards the limitation of two requests within a 12-month
period as set forth in Civil Code section 1798.130, subdivision (b). With regard to acorrection to a consumer’s Social Security number, driver’s license number or othergovernment-issued identification number, financial account number, any health insurance
or medical identification number, an account password, security questions and answers, or
unique biometric data generated from measurements or technical analysis of humancharacteristics, a business shall not disclose this information, but may provide a way toconfirm that the personal information it maintains is the same as what the consumer has
provided.

(k) Whether a business, service provider, or contractor has implemented measures to ensurethat personal information that is the subject of a request to correct remains correctedfactors into whether that business, service provider, or contractor has complied with aconsumer’s request to correct in accordance with the CCPA and these regulations. For
example, a business, service provider, or contractor may supplement personal information
it maintains about consumers with information obtained from a data broker. Failing toconsider and address the possibility that corrected information may be overridden byinaccurate information subsequently received from a data broker may factor into whether
that business, service provider, or contractor has adequately complied with a consumer’s
request to correct.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.81.5, 1798.106,
1798.130 and 1798.185, Civil Code.
§ 7024. Requests to Know.
(a) For requests that seek the disclosure of specific pieces of information about the consumer,
if a business cannot verify the identity of the person making the request pursuant to theregulations set forth in Article 5, the business shall not disclose any specific pieces of
personal information to the requestor and shall inform the requestor that it cannot verify
their identity. If the request is denied in whole or in part, the business shall also evaluate
the consumer’s request as if it is seeking the disclosure of categories of personal
information about the consumer pursuant to subsection (b).
Page 32 of 67

CPPA(b) For requests that seek the disclosure of categories of personal information about theconsumer, if a business cannot verify the identity of the person making the request
pursuant to the regulations set forth in Article 5, the business may deny the request to
disclose the categories and other information requested and shall inform the requestor
that it cannot verify their identity. If the request is denied in whole or in part, the businessshall provide or direct the consumer to its information practices set forth in its privacy
policy.
(c) In responding to a request to know, a business is not required to search for personal
information if all of the following conditions are met:
(1) The business does not maintain the personal information in a searchable orreasonably accessible format.
(2) The business maintains the personal information solely for legal or compliancepurposes.
(3) The business does not sell the personal information and does not use it for any
commercial purpose.
(4) The business describes to the consumer the categories of records that may containpersonal information that it did not search because it meets the conditions statedabove.
(d) A business shall not disclose in response to a request to know a consumer’s Social Security
number, driver’s license number or other government-issued identification number,financial account number, any health insurance or medical identification number, an
account password, security questions and answers, or unique biometric data generated
from measurements or technical analysis of human characteristics. The business shall,
however, inform the consumer with sufficient particularity that it has collected the type of
information. For example, a business shall respond that it collects “unique biometric data
including a fingerprint scan” without disclosing the actual fingerprint scan data.
(e) If a business denies a consumer’s verified request to know specific pieces of personal
information, in whole or in part, because of a conflict with federal or state law, or an
exception to the CCPA, the business shall inform the requestor and explain the basis for thedenial, unless prohibited from doing so by law. If the request is denied only in part, thebusiness shall disclose the other information sought by the consumer.
(f) A business shall use reasonable security measures when transmitting personal information
to the consumer.
(g) If a business maintains a password-protected account with the consumer, it may comply
with a request to know by using a secure self-service portal for consumers to access, view,and receive a portable copy of their personal information if the portal fully discloses the

Page 33 of 67

CPPApersonal information that the consumer is entitled to under the CCPA and theseregulations, uses reasonable data security controls, and complies with the verification
requirements set forth in Article 5.
(h) In response to a request to know, a business shall provide all the personal information it
has collected and maintains about the consumer during the 12-month period preceding thebusiness’s receipt of the consumer’s request. A consumer may request that the businessprovide personal information that the business collected beyond the 12-month period, aslong as it was collected on or after January 1, 2022, and the business shall be required toprovide that information unless doing so proves impossible or would involve
disproportionate effort. That information shall include any personal information that thebusiness’s service providers or contractors collected pursuant to their written contract withthe business. If a business claims that providing personal information beyond the 12-month
period preceding the business’s receipt of the consumer’s request would be impossible orwould involve disproportionate effort, the business shall not be required to provide it aslong as the business provides the consumer a detailed explanation that includes enoughfacts to give a consumer a meaningful understanding as to why the business cannot
provide personal information beyond the 12-month period. The business shall not simply
state that it is impossible or would require disproportionate effort.
(i)

A service provider or contractor shall provide assistance to the business in responding to averifiable consumer request to know, including by providing the business the consumer’s
personal information it has in its possession that it collected pursuant to their written
contract with the business, or by enabling the business to access that personal
information.

(j)

In responding to a consumer’s verified request to know categories of personal information,categories of sources, and/or categories of third parties, a business shall provide an
individualized response to the consumer as required by the CCPA. It shall not refer the
consumer to the businesses’ information practices outlined in its privacy policy unless its
response would be the same for all consumers and the privacy policy discloses all theinformation that is otherwise required to be in a response to a request to know such
categories.

(k) In responding to a verified request to know categories of personal information, thebusiness shall provide all of the following:(1) The categories of personal information the business has collected about theconsumer.
(2) The categories of sources from which the personal information was collected.
(3) The business or commercial purpose for which it collected or sold the personal
information.

Page 34 of 67

CPPA(4) The categories of third parties with whom the business shares personal information.
(5) The categories of personal information that the business sold, and for each category
identified, the categories of third parties to whom it sold that particular category of
personal information.
(6) The categories of personal information that the business disclosed for a businesspurpose, and for each category identified, the categories of third parties to whom it
disclosed that particular category of personal information.
(l)

A business shall identify the categories of personal information, categories of sources of
personal information, and categories of third parties to whom a business sold or disclosed
personal information, in a manner that provides consumers a meaningful understanding of
the categories listed.

Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.110, 1798.115,
1798.130, 1798.140 and 1798.185, Civil Code.
§ 7025. Opt-out Preference Signals.
(a) The purpose of an opt-out preference signal is to provide consumers with a simple andeasy-to-use method by which consumers interacting with businesses online can
automatically exercise their right to opt-out of sale/sharing. Through an opt-out preference
signal, a consumer can opt-out of sale and sharing of their personal information with all
businesses they interact with online without having to make individualized requests witheach business.
(b) A business that sells or shares personal information shall process any opt-out preference
signal that meets the following requirements as a valid request to opt-out of sale/sharing:(1) The signal shall be in a format commonly used and recognized by businesses. An
example would be an HTTP header field or JavaScript object.
(2) The platform, technology, or mechanism that sends the opt-out preference signal shallmake clear to the consumer, whether in its configuration or in disclosures to the
public, that the use of the signal is meant to have the effect of opting the consumer
out of the sale and sharing of their personal information. The configuration or
disclosure does not need to be tailored only to California or to refer to California.
(c) When a business that collects personal information from consumers online receives ordetects an opt-out preference signal that complies with subsection (b):(1) The business shall treat the opt-out preference signal as a valid request to opt-out ofsale/sharing submitted pursuant to Civil Code section 1798.120 for that browser or
device and any consumer profile associated with that browser or device, including
pseudonymous profiles. If known, the business shall also treat the opt-out preference
Page 35 of 67

CPPAsignal as a valid request to opt-out of sale/sharing for the consumer. This is not
required for a business that does not sell or share personal information.
(2) The business shall not require a consumer to provide additional information beyond
what is necessary to send the signal. However, a business may provide the consumer
with an option to provide additional information if it will help facilitate the consumer’s
request to opt-out of sale/sharing. Any information provided by the consumer shallnot be used, disclosed, or retained for any purpose other than processing the request
to opt-out of sale/sharing. For example, a business may give the consumer the option
to provide information that identifies the consumer so that the request to opt-out ofsale/sharing can apply to offline sale or sharing of personal information. However, if
the consumer does not respond, the business shall still process the opt-out preference
signal as a valid request to opt-out of sale/sharing for that browser or device and any
consumer profile the business associates with that browser or device, including
pseudonymous profiles.
(3) If the opt-out preference signal conflicts with a consumer’s business-specific privacy
setting that allows the business to sell or share their personal information, thebusiness shall process the opt-out preference signal as a valid request to opt-out ofsale/sharing, but may notify the consumer of the conflict and provide the consumer
with an opportunity to consent to the sale or sharing of their personal information.
The business shall comply with section 7004 in obtaining the consumer’s consent tothe sale or sharing of their personal information. If the consumer consents to the saleor sharing of their personal information, the business may ignore the opt-out
preference signal for as long as the consumer is known to the business.
(4) If the opt-out preference signal conflicts with the consumer’s participation in abusiness’s financial incentive program that requires the consumer to consent to thesale or sharing of personal information, the business may notify the consumer thatprocessing the opt-out preference signal as a valid request to opt-out of sale/sharing
would withdraw the consumer from the financial incentive program and ask theconsumer to affirm that they intend to withdraw from the financial incentive program.
If the consumer affirms that they intend to withdraw from the financial incentive
program, the business shall process the consumer’s request to opt-out of sale/sharing.
If the business asks and the consumer does not affirm their intent to withdraw, thebusiness may ignore the opt-out preference signal with respect to that consumer’s
participation in the financial incentive program for as long as the consumer is known
to the business. If the business does not ask the consumer to affirm their intent withregard to the financial incentive program, the business shall still process the opt-out
preference signal as a valid request to opt-out of sale/sharing for that browser or
device and any consumer profile the business associates with that browser or device.

Page 36 of 67

CPPA(5) Where the consumer is known to the business, the business shall not interpret theabsence of an opt-out preference signal after the consumer previously sent an opt-out
preference signal as consent to opt-in to the sale or sharing of personal information.
(6) A business may display whether it has processed the consumer’s opt-out preference
signal as a valid request to opt-out of sale/sharing on its website. For example, thebusiness may display on its website “Opt-Out Preference Signal Honored” when abrowser, device, or consumer using an opt-out preference signal visits the website, or
display through a toggle or radio button that the consumer has opted out of the saleof their personal information.
(7) Illustrative examples follow.
(A) Caleb visits Business N’s website using a browser with an opt-out preference
signal enabled, but he is not otherwise logged into his account and the businesscannot otherwise associate Caleb’s browser with a consumer profile the businessmaintains. Business N collects and shares Caleb’s personal information tied to hisbrowser identifier for cross-context behavioral advertising. Upon receiving the
opt-out preference signal, Business N shall stop selling and sharing Caleb’s
information linked to Caleb’s browser identifier for cross-context behavioral
advertising, but it would not be able to apply the request to opt-out of thesale/sharing to Caleb’s account information because the connection between
Caleb’s browser and Caleb’s account is not known to the business.
(B) Noelle has an account with Business O, an online retailer who manages
consumer’s privacy choices through a settings menu. Noelle’s privacy settings
default to allowing Business O to sell and share her personal information withthe business’s marketing partners. Noelle enables an opt-out preference signal
on her browser and then visits Business O’s website. Business O recognizes that
Noelle is visiting its website because she is logged into her account. Upon
receiving Noelle’s opt-out preference signal, Business O shall treat the signal as avalid request to opt-out of sale/sharing and shall apply it to her device and/or
browser and also to her account and any offline sale or sharing of personal
information. Business O may inform Noelle that her opt-out preference signal
differs from her current privacy settings and provide her with an opportunity toconsent to the sale or sharing of her personal information, but it must process
the request to opt-out of sale/sharing unless Noelle instructs otherwise. Business
O must also wait at least 12 months before asking Noelle to opt-in to the sale or
sharing of her personal information in accordance with section 7026, subsection(k). In addition, Business O’s notification would not allow it to fall within the
exception set forth in Civil Code section 1798.135, subdivision (b)(1), because it
would not be complying with the requirements set forth in subsection (f).
(C) Angela also has an account with Business O and has enabled an opt-out
preference signal on her browser while logged into her account. Business O
Page 37 of 67

CPPAapplies the opt-out preference signal as a valid request to opt-out of sale/sharing
not only to Angela’s current browser, but also to Angela’s account because she is
known to the business while making the request. Angela later logs into her
account with Business O using a different device that does not have the opt-out
preference signal enabled. Business O shall not interpret the absence of the optout preference signal as consent to opt-in to the sale of personal information.
(D) Ramona participates in Business P’s financial incentive program where she
receives coupons in exchange for allowing the business to pseudonymously track
and share her online browsing habits with marketing partners. Ramona enables
an opt-out preference signal on her browser and then visits Business P’s website.
Business P knows that it is Ramona through a cookie that has been placed on herbrowser, but also detects the opt-out preference signal. Business P may ignore
the opt-out preference signal and notify Ramona that her opt-out preference
signal conflicts with her participation in the financial incentive program and ask
whether she intends to withdraw from the financial incentive program. If
Ramona does not affirm her intent to withdraw, Business P may ignore the optout preference signal and place Ramona on a whitelist so that Business P does
not have to notify Ramona of the conflict again.
(E) Ramona clears her cookies and revisits Business P’s website with the opt-out
preference signal enabled. Business P no longer knows that it is Ramona visiting
its website. Business P shall honor Ramona’s opt-out preference signal as it
pertains to her browser or device and any consumer profile the businessassociates with that browser or device.
(d) The business and the platform, technology, or mechanism that sends the opt-out
preference signal shall not use, disclose, or retain any personal information collected fromthe consumer in connection with the sending or processing the request to opt-out ofsale/sharing for any purpose other than sending or processing the opt-out preference
signal.
(e) Civil Code section 1798.135, subdivisions (b)(1) and (3), provide a business the choice
between (1) processing opt-out preference signals and providing the “Do Not Sell or ShareMy Personal Information” and “Limit the Use of My Sensitive Personal Information” links or
the Alternative Opt-out Link; or (2) processing opt-out preference signals in a frictionlessmanner in accordance with these regulations and not having to provide the “Do Not Sell or
Share My Personal Information” and “Limit the Use of My Sensitive Personal Information”
links or the Alternative Opt-out Link. They do not give the business the choice between
posting the above-referenced links or honoring opt-out preference signals. Even if thebusiness posts the above-referenced links, the business must still process opt-out
preference signals, though it may do so in a non-frictionless manner. If a businessprocesses opt-out preference signals in a frictionless manner in accordance with

Page 38 of 67

CPPAsubsections (f) and (g), then it may, but is not required to, provide the above-referenced
links.
(f) Except as allowed by these regulations, processing an opt-out preference signal in africtionless manner as required by Civil Code section 1798.135, subdivision (b)(1), meansthat the business shall not:(1) Charge a fee or require any valuable consideration if the consumer uses an opt-out
preference signal.
(2) Change the consumer’s experience with the product or service offered by thebusiness. For example, the consumer who uses an opt-out preference signal shall havethe same experience with regard to how the business’s product or service functions
compared to a consumer who does not use an opt-out preference signal.
(3) Display a notification, pop-up, text, graphic, animation, sound, video, or any interstitial
content in response to the opt-out preference signal. However, a business’s display ofwhether the consumer visiting their website has opted out of the sale or sharing theirpersonal information shall not be considered a violation of this regulation. The
business may also provide a link to a privacy settings page, menu, or similar interface
that enables the consumer to consent to the business ignoring the opt-out preference
signal with respect to the business’s sale or sharing of the consumer’s personal
information provided that it complies with subsections (f)(1) through (3).
(g) A business meeting the requirements of Civil Code section 1798.135, subdivision (b)(1) is
not required to post the “Do Not Sell or Share My Personal Information” link or theAlternative Opt-out Link if it meets all of the following additional requirements:(1) Processes the opt-out preference signal in a frictionless manner in accordance with
the CCPA and these regulations.
(2) Includes in its privacy policy the following information:(A) A description of the consumer’s right to opt-out of the sale or sharing of theirpersonal information by the business;(B) A statement that the business processes opt-out preference signals in africtionless manner;(C) Information on how consumers can implement opt-out preference signals forthe business to process in frictionless manner; and(D) Instructions for any other method by which the consumer may submit a request
to opt-out of sale/sharing.

Page 39 of 67

CPPA(3) Allows the opt-out preference signal to fully effectuate the consumer’s request to optout of sale/sharing. For example, if the business sells or shares personal information
offline and needs to request from the consumer additional information that is notprovided by the opt-out preference signal in order to apply the request to opt-out ofsale/sharing to offline sales and sharing of personal information, then the business has
not fully effectuated the consumer’s request to opt-out of sale/sharing. Illustrative
examples follow.
(A) Business Q collects consumers’ online browsing history and shares it with third
parties for cross-context behavioral advertising purposes. Business Q also sells
consumers’ personal information offline to marketing partners. Business Q
cannot fall within the exception set forth in Civil Code section 1798.135,
subdivision (b)(1), because a consumer’s opt-out preference signal would only
apply to Business Q’s online sharing of personal information about theconsumer’s browser or device; the consumer’s opt-out preference signal would
not apply to Business Q’s offline selling of the consumer’s information because
Business Q could not apply it to the offline selling without additional information
provided by the consumer, i.e., the logging into an account.
(B) Business R only sells and shares personal information online for cross-context
behavioral advertising purposes. Business R may use the exception set forth inCivil Code section 1798.135, subdivision (b)(1), and not post the “Do Not Sell or
Share My Personal Information” link because a consumer using an opt-out
preference signal would fully effectuate their right to opt-out of the sale or
sharing of their personal information.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.135,
1798.140 and 1798.185, Civil Code.
§ 7026. Requests to Opt-out of Sale/Sharing.
(a) A business that sells or shares personal information shall provide two or more designatedmethods for submitting requests to opt-out of sale/sharing. A business shall consider the
methods by which it interacts with consumers, the manner in which the business collects
the personal information that it makes available to third parties, available technology, andease of use by the consumer when determining which methods consumers may use tosubmit requests to opt-out of sale/sharing. At least one method offered shall reflect themanner in which the business primarily interacts with the consumer. Illustrative examples
follow.
(1) A business that collects personal information from consumers online shall, at aminimum, allow consumers to submit requests to opt-out of sale/sharing through an
opt-out preference signal and at least one of the following methods: an interactive
form accessible via the “Do Not Sell or Share My Personal Information” link, thePage 40 of 67

CPPAAlternative Opt-out Link, or the business’s privacy policy if the business processes an
opt-out preference signal in a frictionless manner.
(2) A business that interacts with consumers in person and online may provide an inperson method for submitting requests to opt-out of sale/sharing in addition to the
opt-out preference signal.
(3) Other methods for submitting requests to opt-out of the sale/sharing include, but
are not limited to, a toll-free phone number, a designated email address, a form
submitted in person, and a form submitted through the mail.
(4) A notification or tool regarding cookies, such as a cookie banner or cookie controls,
is not by itself an acceptable method for submitting requests to opt-out ofsale/sharing because cookies concern the collection of personal information and not
the sale or sharing of personal information. An acceptable method for submitting
requests to opt-out of sale/sharing must address the sale and sharing of personal
information.
(b) A business’s methods for submitting requests to opt-out of sale/sharing shall be easy for
consumers to execute, shall require minimal steps, and shall comply with section 7004.
(c) A business shall not require a consumer submitting a request to opt-out of sale/sharing tocreate an account or provide additional information beyond what is necessary to direct thebusiness not to sell or share the consumer’s personal information.
(d) A business shall not require a verifiable consumer request for a request to opt-out ofsale/sharing. A business may ask the consumer for information necessary to complete therequest, such as information necessary to identify the consumer whose information shallcease to be sold or shared by the business. However, to the extent that the business cancomply with a request to opt-out of sale/sharing without additional information, it shall doso.
(e) If a business has a good-faith, reasonable, and documented belief that a request to opt-out
of sale/sharing is fraudulent, the business may deny the request. The business shall informthe requestor that it will not comply with the request and shall provide to the requestor an
explanation why it believes the request is fraudulent.
(f) A business shall comply with a request to opt-out of sale/sharing by:(1) Ceasing to sell to and/or share with third parties the consumer’s personal information
as soon as feasibly possible, but no later than 15 business days from the date thebusiness receives the request. Service providers or contractors collecting personal
information pursuant to the written contract with the business required by the CCPA
and these regulations does not constitute a sale or sharing of personal information.

Page 41 of 67

CPPA(2) Notifying all third parties to whom the business has sold or shared the consumer’s
personal information, after the consumer submits the request to opt-out ofsale/sharing and before the business complies with that request, that the consumer
has made a request to opt-out of sale/sharing and directing them to comply with theconsumer’s request and forward the request to any other person to whom the third
party has made the personal information available during that time period.
(g) A business may provide a means by which the consumer can confirm that their request to
opt-out of sale/sharing has been processed by the business. For example, the business may
display on its website “Consumer Opted Out of Sale/Sharing” or display through a toggle orradio button that the consumer has opted out of the sale/sharing of their personal
information.
(h) In responding to a request to opt-out of sale/sharing, a business may present theconsumer with the choice to opt-out of the sale or sharing of personal information forcertain uses as long as a single option to opt-out of the sale or sharing of all personal
information is also offered. However, doing so in response to an opt-out preference signal
will prevent the business from using the exception set forth in Civil Code section 1798.135,
subdivision (b)(1).
(i)

A business that responds to a request to opt-out of sale/sharing by informing theconsumer of a charge for the use of any product or service shall comply with Article 7 andshall provide the consumer with a Notice of Financial Incentive that complies with section
7016 in its response. However, doing so in response to an opt-out preference signal will
prevent the business from using the exception set forth in Civil Code section 1798.135,
subdivision (b)(1).

(j)

A consumer may use an authorized agent to submit a request to opt-out of sale/sharing on
the consumer’s behalf if the consumer provides the authorized agent written permission
signed by the consumer. A business may deny a request from an authorized agent if theagent does not provide to the business the consumer’s signed permission demonstratingthat they have been authorized by the consumer to act on the consumer’s behalf. The
requirement to obtain and provide written permission from the consumer does not apply
to requests made by an opt-out preference signal.

(k) Except as allowed by these regulations, a business shall wait at least 12 months from thedate of the consumer’s request before asking a consumer who has opted out of the sale or
sharing of their personal information to consent to the sale or sharing of their personal
information.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.135,
1798.140 and 1798.185, Civil Code.

Page 42 of 67

CPPA§ 7027. Requests to Limit Use and Disclosure of Sensitive Personal Information.
(a) The unauthorized use or disclosure of sensitive personal information creates a heightenedrisk of harm for the consumer. The purpose of the request to limit is to give consumers
meaningful control over how their sensitive personal information is collected, used, anddisclosed. It gives the consumer the ability to limit the business’s use of sensitive personal
information to that which is necessary to perform the services or provide the goods
reasonably expected by an average consumer who requests those goods or services, withsome narrowly tailored exceptions, which are set forth in subsection (m). Sensitive
personal information that is collected or processed without the purpose of inferringcharacteristics about a consumer is not subject to requests to limit.
(b) A business that uses or discloses sensitive personal information for purposes other thanthose set forth in subsection (m) shall provide two or more designated methods for
submitting requests to limit. A business shall consider the methods by which it interacts
with consumers, the manner in which the business collects the sensitive personal
information that it uses for purposes other than those set forth in subsection (m), available
technology, and ease of use by the consumer when determining which methods consumers
may use to submit requests to limit. At least one method offered shall reflect the mannerin which the business primarily interacts with the consumer. Illustrative examples follow.
(1) A business that collects sensitive personal information from consumers online shall,
at a minimum, allow consumers to submit requests to limit through an interactive
form accessible via the “Limit the Use of My Sensitive Personal Information” link or
the Alternative Opt-out Link.
(2) A business that interacts with consumers in person and online may provide an inperson method for submitting requests to limit in addition to the online form.
(3) Other methods for submitting requests to limit include, but are not limited to, a tollfree phone number, a designated email address, a form submitted in person, and aform submitted through the mail.
(4) A notification or tool regarding cookies, such as a cookie banner or cookie controls,
is not by itself an acceptable method for submitting requests to limit because
cookies concern the collection of personal information and not necessarily the use
and disclosure of sensitive personal information. An acceptable method forsubmitting requests to limit must address the specific right to limit.
(c) A business’s methods for submitting requests to limit shall be easy for consumers to
execute, shall require minimal steps, and shall comply with section 7004.
(d) A business shall not require a consumer submitting a request to limit to create an accountor provide additional information beyond what is necessary to direct the business to limit
the use or disclosure of the consumer’s sensitive personal information.

Page 43 of 67

CPPA(e) A business shall not require a verifiable consumer request for a request to limit. A businessmay ask the consumer for information necessary to complete the request, such as
information necessary to identify the consumer to whom the request should be applied.
However, to the extent that the business can comply with a request to limit without
additional information, it shall do so.
(f) If a business has a good-faith, reasonable, and documented belief that a request to limit isfraudulent, the business may deny the request. The business shall inform the requestor
that it will not comply with the request and shall provide to the requestor an explanation
why it believes the request is fraudulent.
(g) A business shall comply with a request to limit by:(1) Ceasing to use and disclose the consumer’s sensitive personal information for
purposes other than those set forth in subsection (m) as soon as feasibly possible, but
no later than 15 business days from the date the business receives the request.
(2) Notifying all the business’s service providers or contractors that use or disclose theconsumer’s sensitive personal information for purposes other than those set forth insubsection (m) that the consumer has made a request to limit and instructing them tocomply with the consumer’s request to limit within the same time frame.
(3) Notifying all third parties to whom the business has disclosed or made available theconsumer’s sensitive personal information for purposes other than those set forth insubsection (m), after the consumer submitted their request and before the businesscomplies with that request, that the consumer has made a request to limit and direct
them 1) to comply with the consumer’s request and 2) to forward the request to any
other person with whom the third party has disclosed or shared the sensitive personal
information during that time period.
(h) A business may provide a means by which the consumer can confirm that their request to
limit has been processed by the business. For example, the business may display through a
toggle or radio button that the consumer has limited the business’s use and disclosure of
their sensitive personal information.
(i)

In responding to a request to limit, a business may present the consumer with the choice
to allow specific uses for the sensitive personal information as long as a single option tolimit the use of the personal information is also offered.

(j)

A consumer may use an authorized agent to submit a request to limit on the consumer’sbehalf if the consumer provides the authorized agent written permission signed by the
consumer. A business may deny a request from an authorized agent if the agent does notprovide to the business the consumer’s signed permission demonstrating that they havebeen authorized by the consumer to act on the consumer’s behalf.

Page 44 of 67

CPPA(k) A business that responds to a request to limit by informing the consumer of a charge forthe use of any product or service shall comply with Article 7 and shall provide theconsumer with a Notice of Financial Incentive that complies with section 7016 in its
response.
(l)

Except as allowed by these regulations, a business shall wait at least 12 months from thedate the consumer’s request to limit is received before asking a consumer who has
exercised their right to limit to consent to the use or disclosure of their sensitive personal
information for purposes other than those set forth in subsection (m).

(m) The purposes identified in Civil Code section 1798.121, subdivision (a), for which a businessmay use or disclose sensitive personal information without being required to offer
consumers a right to limit are as follows. A business that only uses or discloses sensitive
personal information for these purposes, provided that the use or disclosure is reasonably
necessary and proportionate for those purposes, is not required to post a Notice of Right
to Limit or provide a method for submitting a request to limit.
(1) To perform the services or provide the goods reasonably expected by an average
consumer who requests those goods or services. For example, a consumer’s precise
geolocation may be used by a mobile application that is providing the consumer withdirections on how to get to a specific location. A consumer’s precise geolocation may
not, however, be used by a gaming application where the average consumer would
not expect the application to need this piece of sensitive personal information.
(2) To prevent, detect, and investigate security incidents that compromise theavailability, authenticity, integrity, or confidentiality of stored or transmitted personal
information. For example, a business may disclose a consumer’s log-in information toa data security company that it has hired to investigate and remediate a data breachthat involved that consumer’s account.
(3) To resist malicious, deceptive, fraudulent, or illegal actions directed at the businessand to prosecute those responsible for those actions. For example, a business may
use information about a consumer’s ethnicity and/or the contents of email and text
messages to investigate claims of racial discrimination or hate speech.
(4) To ensure the physical safety of natural persons. For example, a business may
disclose a consumer’s geolocation information to law enforcement to investigate analleged kidnapping.
(5) For short-term, transient use, including, but not limited to, nonpersonalized
advertising shown as part of a consumer’s current interaction with the business,
provided that the personal information is not disclosed to another third party and is
not used to build a profile about the consumer or otherwise alter the consumer’s
experience outside the current interaction with the business. For example, a businessthat sells religious books can use information about its customers’ interest in its
Page 45 of 67

CPPAreligious content to serve contextual advertising for other kinds of religious
merchandise within its store or on its website, so long as the business does not use
sensitive personal information to create a profile about an individual consumer ordisclose personal information that reveals consumers’ religious beliefs to third
parties.
(6) To perform services on behalf of the business. For example, a business may use
information for maintaining or servicing accounts, providing customer service,processing or fulfilling orders and transactions, verifying customer information,
processing payments, providing financing, providing analytic services, providing
storage, or providing similar services on behalf of the business.
(7) To verify or maintain the quality or safety of a product, service, or device that is
owned, manufactured, manufactured for, or controlled by the business, and to
improve, upgrade, or enhance the service or device that is owned, manufactured by,
manufactured for, or controlled by the business. For example, a car rental businessmay use a consumer’s driver’s license for the purpose of testing that its internal text
recognition software accurately captures license information used in car rental
transactions.
(8) To collect or process sensitive personal information where the collection orprocessing is not for the purpose of inferring characteristics about a consumer. For
example, a business that includes a search box on their website by which consumers
can search for articles related to their health condition may use the information
provided by the consumer for the purpose of providing the search feature without
inferring characteristics about the consumer.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.121, 1798.135,
1798.140 and 1798.185, Civil Code.
§ 7028. Requests to Opt-in After Opting-out of the Sale or Sharing of Personal Information.
(a) Requests to opt-in to sale or sharing of personal information shall use a two-step opt-in
process whereby the consumer shall first, clearly request to opt-in and then second,
separately confirm their choice to opt-in.
(b) If a consumer who has opted-out of the sale or sharing of their personal information
initiates a transaction or attempts to use a product or service that requires the sale or
sharing of their personal information, the business may inform the consumer that thetransaction, product, or service requires the sale or sharing of their personal informationand provide instructions on how the consumer can provide consent to opt-in to the sale orPage 46 of 67

CPPAsharing of their personal information. The business shall comply with section 7004 whenobtaining the consumer’s consent.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.135 and1798.185, Civil Code.
ARTICLE 4. SERVICE PROVIDERS, CONTRACTORS, AND THIRD PARTIES§ 7050. Service Providers and Contractors.
(a) A service provider or contractor shall not retain, use, or disclose personal informationcollected pursuant to its written contract with the business except:(1) For the specific business purpose(s) set forth in the written contract between thebusiness and the service provider or contractor that is required by the CCPA andthese regulations.
(2) To retain and employ another service provider or contractor as a subcontractor,
where the subcontractor meets the requirements for a service provider or contractor
under the CCPA and these regulations.
(3) For internal use by the service provider or contractor to build or improve the qualityof the services it is providing to the business, even if this business purpose is not
specified in the written contract required by the CCPA and these regulations,provided that the service provider or contractor does not use the personal
information to perform services on behalf of another person. Illustrative examples
follow.
(A) An email marketing service provider can send emails on a business’s behalf using
the business’s customer email list. The service provider could analyze thosecustomers’ interactions with the marketing emails to improve its services andoffer those improved services to everyone. But the service provider cannot use
the original email list to send marketing emails on behalf of another business.
(B) A shipping service provider that delivers businesses’ products to their customers
may use the addresses received from their business clients and their experiencedelivering to those addresses to identify faulty or incomplete addresses, andthus, improve their delivery services. However, the shipping service provider
cannot compile the addresses received from one business to send
advertisements on behalf of another business, or compile addresses received
from businesses to sell to data brokers.
(4) To prevent, detect, or investigate data security incidents or protect against malicious,
deceptive, fraudulent or illegal activity, even if this business purpose is not specified
in the written contract required by the CCPA and these regulations.

Page 47 of 67

CPPA(5) For the purposes enumerated in Civil Code section 1798.145, subdivisions (a)(1)through (a)(7).
(b) A service provider or contractor cannot contract with a business to provide cross-context
behavioral advertising. Pursuant to Civil Code section 1798.140, subdivision (e)(6), a service
provider or contractor may contract with a business to provide advertising and marketing
services, but the service provider or contractor shall not combine the personal informationof consumers who have opted-out of the sale/sharing that the service provider orcontractor receives from, or on behalf of, the business with personal information that theservice provider or contractor receives from, or on behalf of, another person or collectsfrom its own interaction with consumers. A person who contracts with a business toprovide cross-context behavioral advertising is a third party and not a service provider orcontractor with respect to cross-context behavioral advertising services. Illustrative
examples follow.
(1) Business S, a clothing company, hires a social media company as a service provider
for the purpose of providing Business S’s advertisements on the social media
company’s platform. The social media company can serve Business S by providing
non-personalized advertising services on its platform based on aggregated ordemographic information (e.g., advertisements to women, 18-30 years old, that livein Los Angeles). However, it cannot use a list of customer email addresses provided
by Business S to identify users on the social media company’s platform to serve
advertisements to them.
(2) Business T, a company that sells cookware, hires an advertising company as a service
provider for the purpose of advertising its services. The advertising agency can serve
Business T by providing contextual advertising services, such as placing
advertisements for Business T’s products on websites that post recipes and othercooking tips.
(c) If a service provider or contractor receives a request made pursuant to the CCPA directlyfrom the consumer, the service provider or contractor shall either act on behalf of thebusiness in accordance with the business’s instructions for responding to the request or
inform the consumer that the request cannot be acted upon because the request has been
sent to a service provider or contractor.
(d) A service provider or contractor that is a business shall comply with the CCPA and theseregulations with regard to any personal information that it collects, maintains, or sells
outside of its role as a service provider or contractor.
(e) A person who does not have a contract that complies with section 7051, subsection (a), is
not a service provider or a contractor under the CCPA. For example, a business’s disclosureof personal information to a person who does not have a contract that complies withsection 7051, subsection (a), may be considered a sale or sharing of personal information

Page 48 of 67

CPPAfor which the business must provide the consumer with the right to opt-out ofsale/sharing.
(f) A service provider or a contractor shall comply with the terms of the contract required by
the CCPA and these regulations.
(g) Whether an entity that provides services to a nonbusiness must comply with a consumer’s
CCPA request depends upon whether the entity is a “business,” as defined by Civil Codesection 1798.140, subdivision (d).
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.130, 1798.135, 1798.140 and
1798.185, Civil Code.
§ 7051. Contract Requirements for Service Providers and Contractors.
(a) The contract required by the CCPA for service providers and contractors shall:(1) Prohibit the service provider or contractor from selling or sharing personal
information it collects pursuant to the written contract with the business.
(2) Identify the specific business purpose(s) for which the service provider or contractor isprocessing personal information pursuant to the written contract with the business,and specify that the business is disclosing the personal information to the service
provider or contractor only for the limited and specified business purpose(s) set forth
within the contract. The business purpose(s) shall not be described in generic terms,
such as referencing the entire contract generally. The description shall be specific.
(3) Prohibit the service provider or contractor from retaining, using, or disclosing thepersonal information that it collected pursuant to the written contract with thebusiness for any purpose other than the business purpose(s) specified in the contract
or as otherwise permitted by the CCPA and these regulations.
(4) Prohibit the service provider or contractor from retaining, using, or disclosing thepersonal information that it collected pursuant to the written contract with thebusiness for any commercial purpose other than the business purpose(s) specified in
the contract, unless expressly permitted by the CCPA or these regulations.
(5) Prohibit the service provider or contractor from retaining, using, or disclosing thepersonal information that it collected pursuant to the written contract with thebusiness outside the direct business relationship between the service provider orcontractor and the business, unless expressly permitted by the CCPA or theseregulations. For example, a service provider or contractor shall be prohibited fromcombining or updating personal information that it collected pursuant to the written
contract with the business with personal information that it received from another

Page 49 of 67

CPPAsource or collected from its own interaction with the consumer, unless expressly
permitted by the CCPA or these regulations.
(6) Require the service provider or contractor to comply with all applicable sections of the
CCPA and these regulations, including—with respect to the personal information thatit collected pursuant to the written contract with the business—providing the samelevel of privacy protection as required of businesses by the CCPA and theseregulations. For example, the contract may require the service provider or contractor
to cooperate with the business in responding to and complying with consumers’
requests made pursuant to the CCPA, and to implement reasonable security
procedures and practices appropriate to the nature of the personal information toprotect the personal information from unauthorized or illegal access, destruction, use,
modification, or disclosure in accordance with Civil Code section 1798.81.5.
(7) Grant the business the right to take reasonable and appropriate steps to ensure thatthe service provider or contractor uses the personal information that it collectedpursuant to the written contract with the business in a manner consistent with thebusiness’s obligations under the CCPA and these regulations. Reasonable andappropriate steps may include ongoing manual reviews and automated scans of theservice provider’s system and regular internal or third-party assessments, audits, orother technical and operational testing at least once every 12 months.
(8) Require the service provider or contractor to notify the business after it makes adetermination that it can no longer meet its obligations under the CCPA and theseregulations.
(9) Grant the business the right, upon notice, to take reasonable and appropriate steps tostop and remediate the service provider or contractor’s unauthorized use of personal
information. For example, the business may require the service provider or contractor
to provide documentation that verifies that they no longer retain or use the personal
information of consumers that have made a valid request to delete with the business.
(10) Require the service provider or contractor to enable the business to comply with
consumer requests made pursuant to the CCPA or require the business to inform theservice provider or contractor of any consumer request made pursuant to the CCPA
that they must comply with and provide the information necessary for the service
provider or contractor to comply with the request.
(b) A service provider or contractor that subcontracts with another person in providing
services to the business for whom it is a service provider or contractor shall have a contract
with the subcontractor that complies with the CCPA and these regulations, including
subsection (a).
(c) Whether a business conducts due diligence of its service providers and contractors factors
into whether the business has reason to believe that a service provider or contractor isPage 50 of 67

CPPAusing personal information in violation of the CCPA and these regulations. For example,
depending on the circumstances, a business that never enforces the terms of the contract
nor exercises its rights to audit or test the service provider’s or contractor’s systems might
not be able to rely on the defense that it did not have reason to believe that the service
provider or contractor intends to use the personal information in violation of the CCPA andthese regulations at the time the business disclosed the personal information to the service
provider or contractor.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.130, 1798.135, 1798.140 and
1798.185, Civil Code.
§ 7052. Third Parties.
(a) A third party that does not have a contract that complies with section 7053, subsection (a),shall not collect, use, process, retain, sell, or share the personal information that thebusiness made available to it.
(b) A third party shall comply with the terms of the contract required by the CCPA and theseregulations, which include treating the personal information that the business madeavailable to it in a manner consistent with the business’s obligations under the CCPA andthese regulations.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.130, 1798.135, 1798.140 and
1798.185, Civil Code.
§ 7053. Contract Requirements for Third Parties.
(a) A business that sells or shares a consumer’s personal information with a third party shallenter into an agreement with the third party that:(1) Identifies the limited and specified purpose(s) for which the personal information ismade available to the third party. The purpose(s) shall not be described in genericterms, such as referencing the entire contract generally. The description shall be
specific.
(2) Specifies that the business is making the personal information available to the third
party only for the limited and specified purpose(s) set forth within the contract andrequires the third party to use it only for that limited and specified purpose(s).
(3) Requires the third party to comply with all applicable sections of the CCPA and theseregulations, including—with respect to the personal information that the businessmakes available to the third party—providing the same level of privacy protection as
required of businesses by the CCPA and these regulations. For example, the contract
may require the third party to comply with a consumer’s request to opt-out ofPage 51 of 67

CPPAsale/sharing forwarded to it by a first-party business and to implement reasonablesecurity procedures and practices appropriate to the nature of the personal
information to protect the personal information from unauthorized or illegal access,destruction, use, modification, or disclosure in accordance with Civil Code section
1798.81.5.
(4) Grants the business the right—with respect to the personal information that thebusiness makes available to the third party—to take reasonable and appropriate
steps to ensure that the third party uses it in a manner consistent with the business’s
obligations under the CCPA and these regulations. For example, the business may
require the third party to attest that it treats the personal information the businessmade available to it in the same manner that the business is obligated to treat it
under the CCPA and these regulations.
(5) Grants the business the right, upon notice, to take reasonable and appropriate steps
to stop and remediate unauthorized use of personal information made available tothe third party. For example, the business may require the third party to provide
documentation that verifies that it no longer retains or uses the personal informationof consumers who have had their requests to opt-out of sale/sharing forwarded to it
by the first party business.
(6) Requires the third party to notify the business after it makes a determination that it
can no longer meet its obligations under the CCPA and these regulations.
(b) Whether a business conducts due diligence of the third party factors into whether thebusiness has reason to believe that the third party is using personal information in
violation of the CCPA and these regulations. For example, depending on the circumstances,a business that never enforces the terms of the contract might not be able to rely on the
defense that it did not have reason to believe that the third party intends to use thepersonal information in violation of the CCPA and these regulations at the time thebusiness disclosed the personal information to the third party.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.130, 1798.135, 1798.140 and
1798.185, Civil Code.
ARTICLE 5. VERIFICATION OF REQUESTS§ 7060. General Rules Regarding Verification.
(a) A business shall establish, document, and comply with a reasonable method for verifyingthat the person making a request to delete, request to correct, or request to know is theconsumer about whom the business has collected information.

Page 52 of 67

CPPA(b) A business shall not require a consumer to verify their identity to make a request to optout of sale/sharing or to make a request to limit. A business may ask the consumer for
information necessary to complete the request; however, it shall not be burdensome on
the consumer. For example, a business may ask the consumer for their name, but it shallnot require the consumer to take a picture of themselves with their driver’s license.
(c) In determining the method by which the business will verify the consumer’s identity, thebusiness shall:(1) Whenever feasible, match the identifying information provided by the consumer tothe personal information of the consumer already maintained by the business, or use
a third-party identity verification service that complies with this section.
(2) Avoid collecting the types of personal information identified in Civil Code section
1798.81.5, subdivision (d), unless necessary for the purpose of verifying theconsumer.
(3) Consider the following factors:(A) The type, sensitivity, and value of the personal information collected andmaintained about the consumer. Sensitive personal information shall warrant amore stringent verification process.
(B) The risk of harm to the consumer posed by any unauthorized deletion,correction, or access. A greater risk of harm to the consumer by unauthorized
deletion, correction, or access shall warrant a more stringent verification
process.
(C) The likelihood that fraudulent or malicious actors would seek the personal
information. The higher the likelihood, the more stringent the verification
process shall be.
(D) Whether the personal information to be provided by the consumer to verify
their identity is sufficiently robust to protect against fraudulent requests orbeing spoofed or fabricated.
(E) The manner in which the business interacts with the consumer.
(F) Available technology for verification.
(d) A business shall generally avoid requesting additional information from the consumer for
purposes of verification. If, however, the business cannot verify the identity of theconsumer from the information already maintained by the business, the business may
request additional information from the consumer, which shall only be used for the
purposes of verifying the identity of the consumer seeking to exercise their rights under
the CCPA, security, or fraud-prevention. The business shall delete any new personal
Page 53 of 67

CPPAinformation collected for the purposes of verification as soon as practical after processing
the consumer’s request, except as required to comply with section 7101.
(e) A business shall not require the consumer or the consumer’s authorized agent to pay a fee
for the verification of their request to delete, request to correct, or request to know. For
example, a business may not require a consumer to provide a notarized affidavit to verify
their identity unless the business compensates the consumer for the cost of notarization.
(f) A business shall implement reasonable security measures to detect fraudulent identityverification activity and prevent the unauthorized deletion, correction, or access of aconsumer’s personal information.
(g) If a business maintains consumer information that is deidentified, a business is not
obligated to provide or delete this information in response to a consumer request or to reidentify individual data to verify a consumer request.
(h) For requests to correct, the business shall make an effort to verify the consumer based on
personal information that is not the subject of the request to correct. For example, if theconsumer is contending that the business has the wrong address for the consumer, thebusiness shall not use address as a means of verifying the consumer’s identity.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.130, 1798.135, 1798.140 and
1798.185, Civil Code.
§ 7061. Verification for Password-Protected Accounts.
(a) If a business maintains a password-protected account with the consumer, the business may
verify the consumer’s identity through the business’s existing authentication practices forthe consumer’s account, provided that the business follows the requirements in section
7060. The business shall also require a consumer to re-authenticate themselves before
deleting, correcting, or disclosing the consumer’s data.
(b) If a business suspects fraudulent or malicious activity on or from the password-protectedaccount, the business shall not comply with a consumer’s request to delete, request tocorrect, or request to know until further verification procedures determine that theconsumer request is authentic and the consumer making the request is the person about
whom the business has collected information. The business may use the procedures set
forth in section 7062 to further verify the identity of the consumer.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.130 and 1798.185, Civil Code.

Page 54 of 67

CPPA§ 7062. Verification for Non-Accountholders.
(a) If a consumer does not have or cannot access a password-protected account with abusiness, the business shall comply with this section, in addition to section 7060.
(b) A business’s compliance with a request to know categories of personal information
requires that the business verify the identity of the consumer making the request to areasonable degree of certainty. A reasonable degree of certainty may include matching atleast two data points provided by the consumer with data points maintained by thebusiness that it has determined to be reliable for the purpose of verifying the consumer.
(c) A business’s compliance with a request to know specific pieces of personal information
requires that the business verify the identity of the consumer making the request to areasonably high degree of certainty. A reasonably high degree of certainty may include
matching at least three pieces of personal information provided by the consumer withpersonal information maintained by the business that it has determined to be reliable forthe purpose of verifying the consumer together with a signed declaration under penalty of
perjury that the requestor is the consumer whose personal information is the subject of
the request. If a business uses this method for verification, the business shall maintain all
signed declarations as part of its record-keeping obligations.
(d) A business’s compliance with a request to delete or a request to correct may require thatthe business verify the identity of the consumer to a reasonable or reasonably high degreeof certainty depending on the sensitivity of the personal information and the risk of harmto the consumer posed by unauthorized deletion or correction. For example, the deletionof family photographs or the correction of contact information may require a reasonably
high degree of certainty, while the deletion of browsing history or correction of marital
status may require only a reasonable degree of certainty. A business shall act in good faithwhen determining the appropriate standard to apply when verifying the consumer inaccordance with these regulations.
(e) Illustrative examples follow:(1) Example 1: If a business maintains personal information in a manner associated witha named actual person, the business may verify the consumer by requiring theconsumer to provide evidence that matches the personal information maintained by
the business. For example, if a retailer maintains a record of purchases made by aconsumer, the business may require the consumer to identify items that they
recently purchased from the store or the dollar amount of their most recent purchaseto verify their identity to a reasonable degree of certainty.
(2) Example 2: If a business maintains personal information in a manner that is not
associated with a named actual person, the business may verify the consumer byrequiring the consumer to demonstrate that they are the sole consumer associatedwith the personal information. For example, a business may have a mobile
Page 55 of 67

CPPAapplication that collects personal information about the consumer but does not
require an account. The business may determine whether, based on the facts andconsidering the factors set forth in section 7060, subsection (b)(3), it may reasonably
verify a consumer by asking them to provide information that only the person who
used the mobile application may know or by requiring the consumer to respond to a
notification sent to their device.
(f) A business shall deny a request to know specific pieces of personal information if it cannot
verify the identity of the requestor pursuant to these regulations.
(g) If there is no reasonable method by which a business can verify the identity of theconsumer to the degree of certainty required by this section, the business shall state so in
response to any request and explain why it has no reasonable method by which it canverify the identity of the requestor. If the business has no reasonable method by which it
can verify any consumer, the business shall explain why it has no reasonable verification
method in its privacy policy. The business shall evaluate and document whether areasonable method can be established at least once every 12 months, in connection withthe requirement to update the privacy policy set forth in Civil Code section 1798.130,
subdivision (a)(5).
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.130 and 1798.185, Civil Code.
§ 7063. Authorized Agents.
(a) When a consumer uses an authorized agent to submit a request to delete, request tocorrect, or a request to know, a business may require the authorized agent to provide
proof that the consumer gave the agent signed permission to submit the request. The
business may also require the consumer to do either of the following:(1) Verify their own identity directly with the business.
(2) Directly confirm with the business that they provided the authorized agent
permission to submit the request.
(b) Subsection (a) does not apply when a consumer has provided the authorized agent withpower of attorney pursuant to Probate Code sections 4121 to 4130. A business shall not
require power of attorney in order for a consumer to use an authorized agent to act on
their behalf.
(c) An authorized agent shall implement and maintain reasonable security procedures andpractices to protect the consumer’s information.
(d) An authorized agent shall not use a consumer’s personal information, or any informationcollected from or about the consumer, for any purposes other than to fulfill the consumer’s
requests, verification, or fraud prevention.
Page 56 of 67

CPPANote: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.130 and 1798.185, Civil Code.
ARTICLE 6. SPECIAL RULES REGARDING CONSUMERS UNDER 16 YEARS OF AGE§ 7070. Consumers Less Than 13 Years of Age.
(a) Process for Opting-In to Sale or Sharing of Personal Information(1) A business that has actual knowledge that it sells or shares the personal informationof a consumer less than the age of 13 shall establish, document, and comply with areasonable method for determining that the person consenting to the sale or sharingof the personal information about the child is the parent or guardian of that child.
This consent to the sale or sharing of personal information is in addition to any
verifiable parental consent required under COPPA.
(2) Methods that are reasonably calculated to ensure that the person providing consent
is the child’s parent or guardian include, but are not limited to:(A) Providing a consent form to be signed by the parent or guardian under penalty
of perjury and returned to the business by postal mail, facsimile, or electronic
scan;(B) Requiring a parent or guardian, in connection with a monetary transaction, touse a credit card, debit card, or other online payment system that provides
notification of each discrete transaction to the primary account holder;(C) Having a parent or guardian call a toll-free telephone number staffed by trained
personnel;(D) Having a parent or guardian connect to trained personnel via video-conference;(E) Having a parent or guardian communicate in person with trained personnel;and(F) Verifying a parent or guardian’s identity by checking a form of governmentissued identification against databases of such information, as long as theparent or guardian’s identification is deleted by the business from its records
promptly after such verification is complete.
(b) When a business receives consent to the sale or sharing of personal information pursuant
to subsection (a), the business shall inform the parent or guardian of the right to opt-out ofsale/sharing and of the process for doing so on behalf of their child pursuant to section
7026, subsections (a)-(f).

Page 57 of 67

CPPA(c) A business shall establish, document, and comply with a reasonable method, in accordancewith the methods set forth in subsection (a)(2), for determining that a person submitting arequest to delete, request to correct, or request to know the personal information of achild under the age of 13 is the parent or guardian of that child.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.135 and1798.185, Civil Code.
§ 7071. Consumers at Least 13 Years of Age and Less Than 16 Years of Age.
(a) A business that has actual knowledge that it sells or shares the personal information of
consumers at least 13 years of age and less than 16 years of age shall establish, document,
and comply with a reasonable process for allowing such consumers to opt-in to the sale or
sharing of their personal information, pursuant to section 7028.
(b) When a business receives a request to opt-in to the sale or sharing of personal informationfrom a consumer at least 13 years of age and less than 16 years of age, the business shallinform the consumer of their ongoing right to opt-out of sale/sharing at any point in the
future and of the process for doing so pursuant to section 7026.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.135 and1798.185, Civil Code.
§ 7072. Notices to Consumers Less Than 16 Years of Age.
(a) A business subject to sections 7070 and/or 7071 shall include a description of theprocesses set forth in those sections in its privacy policy.
(b) A business that exclusively targets offers of goods or services directly to consumers under
16 years of age and does not sell or share the personal information without the consent ofconsumers at least 13 years of age and less than 16 years of age, or the consent of theirparent or guardian for consumers under 13 years of age, is not required to provide theNotice of Right to Opt-out of Sale/Sharing.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.135 and1798.185, Civil Code.
ARTICLE 7. NON-DISCRIMINATION§ 7080. Discriminatory Practices.
(a) A price or service difference is discriminatory, and therefore prohibited by Civil Codesection 1798.125, if the business treats a consumer differently because the consumer
exercised a right conferred by the CCPA or these regulations.

Page 58 of 67

CPPA(b) A business may offer a price or service difference that is non-discriminatory. A price orservice difference is non-discriminatory if it is reasonably related to the value of theconsumer’s data. If a business is unable to calculate a good-faith estimate of the value ofthe consumer’s data or cannot show that the price or service difference is reasonably
related to the value of the consumer’s data, that business shall not offer the price orservice difference.
(c) A business’s denial of a consumer’s request to delete, request to correct, request to know,or request to opt-out of sale/sharing for reasons permitted by the CCPA or theseregulations shall not be considered discriminatory.
(d) Illustrative examples follow:(1) Example 1: A music streaming business offers a free service as well as a premium
service that costs $5 per month. If only the consumers who pay for the musicstreaming service are allowed to opt-out of the sale or sharing of their personal
information, then the practice is discriminatory, unless the $5-per-month payment isreasonably related to the value of the consumer’s data to the business.
(2) Example 2: A clothing business offers a loyalty program whereby customers receive a$5-off coupon by email after spending $100 with the business. A consumer submits arequest to delete all personal information the business has collected about them but
also informs the business that they want to continue to participate in the loyalty
program. The business may deny their request to delete with regard to their email
address and the amount the consumer has spent with the business because that
information is necessary for the business to provide the loyalty program requested by
the consumer and is reasonably anticipated within the context of the business’s
ongoing relationship with them pursuant to Civil Code section 1798.105, subdivision(d)(1).
(3) Example 3: A grocery store offers a loyalty program whereby consumers receive
coupons and special discounts when they provide their phone numbers. A consumer
submits a request to opt-out of the sale/sharing of their personal information. The
retailer complies with their request but no longer allows the consumer to participate
in the loyalty program. This practice is discriminatory unless the grocery store candemonstrate that the value of the coupons and special discounts are reasonably
related to the value of the consumer’s data to the business.
(4) Example 4: An online bookseller collects information about consumers, including
their email addresses. It offers coupons to consumers through browser pop-up
windows while the consumer uses the bookseller’s website. A consumer submits arequest to delete all personal information that the bookseller has collected about
them, including their email address and their browsing and purchasing history. The
bookseller complies with the request but stops providing the periodic coupons to theconsumer. The bookseller’s failure to provide coupons is discriminatory unless the
Page 59 of 67

CPPAvalue of the coupons is reasonably related to the value provided to the business by
the consumer’s data. The bookseller may not deny the consumer’s request to deletewith regard to the email address because the email address is not necessary toprovide the coupons or reasonably aligned with the expectations of the consumer
based on the consumer’s relationship with the business.
(e) A business shall notify consumers of any financial incentive or price or service difference
subject to Civil Code section 1798.125 that it offers in accordance with section 7016.
(f) A business’s charging of a reasonable fee pursuant to Civil Code section 1798.145,
subdivision (h)(3), shall not be considered a financial incentive subject to these regulations.
(g) A price or service difference that is the direct result of compliance with a state or federal
law shall not be considered discriminatory.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.125, 1798.130 and
1798.185, Civil Code.
§ 7081. Calculating the Value of Consumer Data.
(a) A business offering a price or service difference subject to Civil Code section 1798.125 shalluse and document a reasonable and good-faith method for calculating the value of theconsumer’s data. The business shall consider one or more of the following:(1) The marginal value to the business of the sale, collection, or deletion of a consumer’sdata.
(2) The average value to the business of the sale, collection, or deletion of a consumer’sdata.
(3) The aggregate value to the business of the sale, collection, or deletion of consumers’
data divided by the total number of consumers.
(4) Revenue generated by the business from sale, collection, or retention of consumers’
personal information.
(5) Expenses related to the sale, collection, or retention of consumers’ personal
information.
(6) Expenses related to the offer, provision, or imposition of any financial incentive or
price or service difference.
(7) Profit generated by the business from sale, collection, or retention of consumers’
personal information.
(8) Any other practical and reasonably reliable method of calculation used in good faith.

Page 60 of 67

CPPA(b) For the purpose of calculating the value of consumer data, a business may consider thevalue to the business of the data of all natural persons in the United States and not justconsumers.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.125, 1798.130 and
1798.185, Civil Code.
ARTICLE 8. TRAINING AND RECORD-KEEPING§ 7100. Training.
(a) All individuals responsible for handling consumer inquiries about the business’s
information practices or the business’s compliance with the CCPA shall be informed of allof the requirements in the CCPA and these regulations and how to direct consumers to
exercise their rights under the CCPA and these regulations.
(b) A business that knows or reasonably should know that it, alone or in combination, buys,
receives for the business’s commercial purposes, sells, or shares for commercial purposes
the personal information of 10,000,000 or more consumers in a calendar year shallestablish, document, and comply with a training policy to ensure that all individuals
responsible for handling consumer requests made under the CCPA or the business’s
compliance with the CCPA are informed of all the requirements in these regulations andthe CCPA.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105,
1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130, 1798.135 and1798.185, Civil Code.
§ 7101. Record-Keeping.
(a) A business shall maintain records of consumer requests made pursuant to the CCPA and
how it responded to the requests for at least 24 months. The business shall implement andmaintain reasonable security procedures and practices in maintaining these records.
(b) The records may be maintained in a ticket or log format provided that the ticket or log
includes the date of request, nature of request, manner in which the request was made,the date of the business’s response, the nature of the response, and the basis for thedenial of the request if the request is denied in whole or in part.
(c) A business’s maintenance of the information required by this section, where that
information is not used for any other purpose, does not taken alone violate the CCPA orthese regulations.
(d) Information maintained for record-keeping purposes shall not be used for any otherpurpose except as reasonably necessary for the business to review and modify its

Page 61 of 67

CPPAprocesses for compliance with the CCPA and these regulations. Information maintained forrecord-keeping purposes shall not be shared with any third party except as necessary tocomply with a legal obligation.
(e) Other than as required by subsection (b), a business is not required to retain personal
information solely for the purpose of fulfilling a consumer request made under the CCPA.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.105, 1798.106,
1798.110, 1798.115, 1798.120, 1798.121, 1798.130, 1798.135 and 1798.185, Civil Code.
§ 7102. Requirements for Businesses Collecting Large Amounts of Personal Information.
(a) A business that knows or reasonably should know that it, alone or in combination, buys,
receives for the business’s commercial purposes, sells, shares, or otherwise makes
available for commercial purposes the personal information of 10,000,000 or moreconsumers in a calendar year shall:(1) Compile the following metrics for the previous calendar year:(A)

The number of requests to delete that the business received, complied with inwhole or in part, and denied;(B)

The number of requests to correct that the business received, complied with inwhole or in part, and denied;(C)

The number of requests to know that the business received, complied with inwhole or in part, and denied;(D)

The number of requests to opt-out of sale/sharing that the business received,
complied with in whole or in part, and denied;(E)

The number of requests to limit that the business received, complied with inwhole or in part, and denied; and(F)

The median or mean number of days within which the business substantively
responded to requests to delete, requests to correct, requests to know,
requests to opt-out of sale/sharing, and requests to limit.

(2) Disclose, by July 1 of every calendar year, the information compiled in subsection(a)(1) within their privacy policy or posted on their website and accessible from a linkincluded in their privacy policy. In its disclosure, a business may choose to disclose
the number of requests that it denied in whole or in part because the request was
not verifiable, was not made by a consumer, called for information exempt fromdisclosure, or was denied on other grounds.

Page 62 of 67

CPPA(b) A business may choose to compile and disclose the information required by subsection(a)(1) for requests received from all individuals, rather than requests received fromconsumers. The business shall state whether it has done so in its disclosure and shall, uponrequest, compile and provide to the Attorney General the information required bysubsection (a)(1) for requests received from consumers.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.105, 1798.106,
1798.110, 1798.115, 1798.120, 1798.121, 1798.130, 1798.135 and 1798.185, Civil Code.
ARTICLE 9. INVESTIGATIONS AND ENFORCEMENT§ 7300. Sworn Complaints Filed with the Agency.
(a) Requirements for filing a sworn complaint. Sworn complaints may be filed with the
Enforcement Division via the electronic complaint system available on the Agency’s
website at https://cppa.ca.gov/ or submitted in person or by mail to the headquarters
office of the Agency.
A complaint must:(1) Identify the business, service provider, contractor, or person who allegedly violated
the CCPA;(2) State the facts that support each alleged violation and include any documents orother evidence supporting this conclusion;(3) Authorize the alleged violator and the Agency to communicate regarding thecomplaint, including disclosing the complaint and any information relating to thecomplaint;(4) Include the name and current contact information of the complainant; and(5) Be signed and submitted under penalty of perjury.
(b) The Enforcement Division will notify the complainant in writing of the action, if any, theAgency has taken or plans to take on the complaint, together with the reasons for that
action or nonaction. Duplicate complaints submitted by the same complainant may berejected without notice.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Section 1798.199.45, Civil Code.
§ 7301. Investigations.
(a) The Agency may open investigations upon the sworn complaint of any person or on its own
initiative. For example, the Agency may initiate investigations based upon referrals fromgovernment agencies or private organizations, and nonsworn or anonymous complaints.

Page 63 of 67

CPPA(b) As part of the Agency’s decision to pursue investigations of possible or alleged violations of
the CCPA, the Agency may consider all facts it determines to be relevant, including theamount of time between the effective date of the statutory or regulatory requirement(s)and the possible or alleged violation(s) of those requirements, and good-faith efforts tocomply with those requirements.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Section 1798.199.45, Civil Code.
§ 7302. Probable Cause Proceedings.
(a) Probable Cause. Under Civil Code section 1798.199.50, probable cause exists when theevidence supports a reasonable belief that the CCPA has been violated.
(b) Probable Cause Notice. The Enforcement Division will provide the alleged violator with
notice of the probable cause proceeding as required by Civil Code section 1798.199.50.
(c) Probable Cause Proceeding.
(1) The proceeding shall be closed to the public unless the alleged violator files, at least
10 business days before the proceeding, a written request for a public proceeding. If
the proceeding is not open to the public, then the proceeding may be conducted inwhole or in part by telephone or videoconference.
(2) The Agency shall conduct the proceeding informally. Only the alleged violator(s), theirlegal counsel, and the Enforcement Division shall have the right to participate at theproceeding. The Agency shall determine whether there is probable cause based on theprobable cause notice and any information or arguments presented at the probablecause proceeding by the parties.
(3) If the alleged violator(s) fails to participate or appear at the probable cause
proceeding, the alleged violator(s) waives the right to further probable cause
proceedings under Civil Code section 1798.199.50, and the Agency shall determine
whether there is probable cause based on the notice and any information orarguments provided by the Enforcement Division.
(d) Probable Cause Determination. The Agency shall issue a written decision with its probablecause determination and serve it on the alleged violator electronically or by mail. The
Agency’s probable cause determination is final and not subject to appeal.
(e) Notices of probable cause and probable cause determinations shall not be open to the
public nor admissible in evidence in any action or special proceeding other than one
enforcing the CCPA.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Section 1798.199.50, Civil Code.

Page 64 of 67

CPPA§ 7303. Stipulated Orders.
(a) At any time before or during an administrative hearing and in lieu of such a hearing, theHead of Enforcement and the alleged violator may stipulate to the entry of a final order. If
a stipulation has been agreed upon and the scheduled date of the hearing is set to occur
before the next Board meeting, the Enforcement Division will apply for a continuance ofthe hearing.
(b) The final order must be approved by the Board, which may consider the matter in closed
session.
(c) The stipulated final order shall be public and have the force of an order of the Board.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.199.35 and1798.199.55, Civil Code.
§ 7304. Agency Audits.
(a) Scope. The Agency may audit a business, service provider, contractor, or person to ensurecompliance with any provision of the CCPA.
(b) Criteria for Selection. The Agency may conduct an audit to investigate possible violations of
the CCPA. Alternatively, the Agency may conduct an audit if the subject’s collection orprocessing of personal information presents significant risk to consumer privacy or
security, or if the subject has a history of noncompliance with the CCPA or any otherprivacy protection law.
(c) Audits may be announced or unannounced as determined by the Agency.
(d) Failure to Cooperate. A subject’s failure to cooperate during the Agency’s audit may resultin the Agency issuing a subpoena, seeking a warrant, or otherwise exercising its powers toensure compliance with the CCPA.
(e) Protection of Personal Information. Consumer personal information disclosed to the
Agency during an audit shall be maintained in compliance with the Information Practices
Act of 1977, Civil Code section 1798, et seq.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.185, 1798.199.40
and 1798.199.65, Civil Code; Section 11180, Government Code.

Page 65 of 67

CPPACHAPTER 2. CONFLICT OF INTEREST§ 7500. California Privacy Protection Agency -- Conflict-of-Interest Code.
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political
Practices Commission has adopted a regulation (2 California Code of Regulations Section
18730), that contains the terms of a standard conflict of interest code which can beincorporated by reference in an agency’s code. After public notice and hearing, the standard
code may be amended by the Fair Political Practices Commission to conform to amendments in
the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730
and any amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference into the Conflict of Interest Code for the California Privacy Protection
Agency. This regulation and the attached Appendices, designating positions, and establishingdisclosure requirement categories, shall constitute the Conflict of Interest code of the California
Privacy Protection Agency (CPPA).
The statement of economic interests for the CPPA Board Members and the Executive Director
shall be filed electronically with the Fair Political Practices Commission. All other individuals
holding designated positions shall file their statements with the CPPA. All statements must be
made available for public inspection and reproduction (Gov. Code Sec. 81008).
APPENDIX A
Designated Positions

Disclosure Category

California Privacy Protection Agency Board Members

1

Executive Director

1

Chief Privacy Auditor

1

Attorney (all levels)

1

Deputy Director of Administration2

Consultants / New Positions** Consultants/new positions shall be included in the list of designated positions andshall disclose pursuant to the broadest disclosure category in the code subject to thefollowing limitation:
The Executive Director may determine in writing that a particular consultant or new position,although a “designated position,” is hired to perform a range of duties that is limited in scope
and thus is not required to comply with the disclosure requirements described in this section.
Such determination shall include a description of the consultant’s or new position’s duties and,
Page 66 of 67

CPPAbased upon that description, a statement of the extent of disclosure requirements. The
Executive Director’s determination is a public record and shall be retained for public inspectionin the same manner and location as this conflict-of-interest code. (Gov. Code Sec. 81008.)
APPENDIX B
Disclosure Categories
Category 1:
Designated positions in this category shall disclose investments, business positions in business
entities and income, (including receipt of gifts, loans and travel payments) and real property inthe state of California.
Category 2:
Designated positions in this category shall disclose investments, business positions in business
entities and income (including receipt of gifts, loans and travel payments), from sources thatprovide leased facilities, goods, equipment, vehicles, machinery or services, including trainingor consulting services of the type utilized by the California Privacy Protection Agency.
NOTE: Authority cited: Section 87300, Government Code. Reference: Sections 87300 and 87302,
Government Code; and Title 2 Code of Regulations Section 18730.
CHAPTER 3. DATA BROKER REGISTRATIONARTICLE 1. ANNUAL REGISTRATION FEES
§ 7600. Annual Registration Fee.
(a) The annual fee to register as a data broker is $400.00.
Note: Authority cited: Section 1798.99.87, Civil Code. Reference: Section 1798.99.82, Civil Code.

Page 67 of 67

CPPA