As per legislators, the CCPA Compliance is California’s first consumer privacy act. It is more critical than GDPR, and there is neither any state in the United States that made one.
The Privacy Act includes rights of transparency wherein a company is required to notify consumers how it gathers and shares data. It also helps a person by giving him access to his or her data. He or she also has the right to opt-out and delete it.
The California Consumer Privacy Act is a law created to protect every citizen of California’s right about their data privacy. In this act, all companies are required to provide additional information to the consumers about how their data is gathered and who can access it. Many consumers are not aware of data privacy, how the company shares, and sell on their data. The act helps consumers regarding the issue and makes sure that they have every chance to quit if they change their minds or notice something that can breach the terms of conditions.
When is the CCPA effectivity starts?
Primarily, the law already come into effect on January 1, 2020. In June of 2018, Governor Brown approved the legislation. From the beginning of the CCPA calendar, the primary focus has always been the protection of consumer privacy, unlike GDPR. Employees under GDPR are nor well-protected compared to the terms of CCPA.
Who are the one affected by CCPA?
Any business collecting and selling consumer data is under this law. However, it also has a few exceptions, like other laws. The company is required to follow CCPA laws if they meet one or more of the following standards:
- A company must have $25 million annual revenue or less.
- By selling consumer’s personal information, it should be earning more than half of their yearly income.
- It should be processing personal data of 50,000 households, consumers, and devices.
The CCPA legislators excused some financial and health companies that are already under the law and influence of federal data security. Here are some that do not apply to CCPA law:
- Financial companies and banks under the Act of Gramm-Leach-Bliley.
- Health insurances and providers that are already under the HIPAA of Health Insurance Portability and Availability Act.
- TransUnion, Equifax, and other credit reporting agencies covered by the Fair Credit Reporting Act.
What are Important CCPA Calendar Definitions to Understand?
CCPA calendar contains the rights of consumers. These rights include transparency of how the data is used, the right to quit when their information is sold to others, and the power to access personal data like the EU GDPR or General Data Protection Regulation.
Summarily, businesses must oblige informing their consumers about the level of data collected and the purpose of why they need it. Before the data is taken, consumers have the right to know the purpose. You can expect to get many emails from different California companies about what they practice to get hold of that information. They will provide web forms, and you have the right to refuse.
When the time the consumer agrees to collect their information, they have protected rights. Whenever they want, they can request access in their personal data to learn what specific details of data are kept by businesses and the other parties that held the data. Also, if they want to delete their data, it is their full right.
Remember one crucial factor. If consumers choose to do any of the rights, they cannot discriminate against them nor deny using their services and products.
Persona Data and California Consumer Privacy Act
The CCPA Compliance applies to all kinds of personal data that relates, describes, identifies, is reasonably connected, has the capacity being associated, indirect or direct, with a particular household or consumer.
The world of data compliance laws is broad, like Personally Identifiable Information or PII. The words “reasonably linked” or “relate” opens up a comprehensive variety of non-traditional identifiers, beyond address, names, and social security number.
Companies must understand what must be done and to ensure that legislators filed some particular examples such as online handles, IP address, email address, geolocation data, biometric information, browsing, and search history.
How Did the California Enforced California Consumer Privacy Act?
The Attorney General of California will impose the CCPA. And, there is a twist in the enforcement of compliance. The CCPA will administer a “private right of action” in situations such as theft or non-redacted or non-encrypted personal data.
Penalties of Real-World CCPA
In the simple English language, consumers and their private lawyers have the right to sue statutory damages between $100 to $750 per actual or violation damages. Remember that statutory damages do not mean that consumers are trying to prove that they have a loss in financial matters, but to show the company violates the law. Companies must always be mindful of what they do because CCPA is not just something to shrug off. It is a big deal for many privacy lawyers, and there are many possibilities to have class-action suits.
Preparations of CCPA
Consequently, the CCPA’s preparation is not far different from the EU’s GDPR, although GDPR has firmer security compliances. GDPR is like the same with CCPA as it also tackles the privacy and security requirements of CCPA. To summarize the things that must be done, here it is.
The first thing they have to do is to get your assets identified and classified. The next thing they do is look for the location of CCPA personal data and evaluate the access permission to see if it is risky. To identify folders that are not always accessed, you have to dip deep into all the CCPA personal information. The personal information has few purposes and one of the needless risks for security.
Put the right permission in the right place after analyzing personal information and all their authorizations. One effective security measure is limiting the number of information accessed only to those that have roles or called as Role-based Access Controls. They can archive or erase personal information then utilize a program that can oversee the personal information against unauthorized access and outside threats. Maintaining the privacy and security of personal information is essential by regularly monitoring the information and its permissions.
Be mindful of all kinds of cyber threats and adjust to higher security and privacy if necessary. The CCPA has many requirements regarding consumer rights to access or delete the information they provide. If you have entirely work on classifying your personal information, this step will not behave, especially if you have enough technology to use.
NIST CIS Framework and CCPA Data Security
There are many parallels, differences, and similarities between EU GDPR and CCPA. Many law firms compared the two and found each unique characteristic. One of the primary differences between the two is that EU law has stricter requirements for data security. CCPA, on the other hand, is more centered on consumer privacy even they both have rules for security and data privacy.
Frequently Asked Questions:
1. Does CCPA affect businesses of SME?
The size of a company or organization is not the primary requirement for CCPA compliance. But, CCPA has few criteria, and if you pass the, then the agreement applies. Above this article, the standard is mentioned.
2. Are there penalties when you do not comply?
The most act requires consequences when violated. This Privacy Act was created to be followed, and if you break one, you will be informed and name under non-compliant. After that, you will be under corrective measures for 30 days. If you will not comply with this, immediately, the Attorney General files a civil case. You do not want to end up having a $750 violation.
3. Is CCPA the same with GDPR?
Both may sound the same, but they are not. They both have differences and similarities with other protection laws. California government use CCPA to like the same for GDPR introduction, but they are far from each other.
4. Can you be a CCPA-compliant if you are a GDPR-compliant already?
If you a GDPR-compliant, do not worry because it is not required that you become a CCPA-compliant also. You are automatically meeting some factors of CCPA under GDPR. But you must know that there are differences between the two, and there are some steps that must be done to become compliant with CCPA. Making amendments is the first thing that must be done, and you have to have a quote that says never sell your personal data and information. Also, in GDPR, you need a technique that can request access, deletion, verification in your data.
The CCPA today is making noise, and with this compliance, California is creating a better chance. Some states have been using this kind of law, but CCPA is more than just what they copy. Your data and information are essential, and some uses technology to threaten people. You will never be afraid again because CCPA and its CCPA calendar will protect you, classify your data, and monitor it regularly against threats. 0