In order to be considered a service provider under the CCPA, a legal entity must process personal information “on behalf of a business”[1] and be prohibited by contract from:

  1. Retaining the personal information “for any purpose other than for the specific purpose of performing the services specified in the contract . . . or

The California Attorney General was asked to clarify whether the use of “website cookies shared with third parties” constituted the sale of personal information. The Attorney General declined to answer, stating only that whether a particular situation constitutes the sale of information “raises specific legal questions that would require a fact-specific determination, including whether or

Businesses often struggle with how to display cookie banners given the complexities of conveying information to individuals that may lack technical expertise, and “banner fatigue” – a term which describes the reality that consumers presented with pop-ups and cookie banners across different websites may not spend time to read each banner before attempting to close

Generally, most cookie banners fall within four broad categories:

  1. Notice-Only Cookie Banners. A notice-only cookie banner discloses to website visitors that the website deploys cookies (and potentially other tracking technologies), but the banner does not give the visitor any direct control concerning the use of cookies. In other words, the website visitor is not

The CCPA generally does not require that a company obtain the consent (or the “opt-in”) of a person before collecting or using their personal information. Consent is, required, however, in the following situations:

  1. Exemption from the definition of “sale.” The CCPA’s broad definition of “sale” could encompass a number of ordinary information transfers in addition

No.

A privacy policy typically discloses the following information to the public:

  • The categories of information collected from a data subject directly and from third parties about a data subject,
  • The purpose for which information is collected and used,
  • The ability (if applicable) of a data subject to opt out of their information being sold,

4.2%

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies, and other online tracking technology. Some cookie banners also give website visitors choices with respect to whether tracking technologies are, or are not, used, including via cookie “opt-in” or “opt-out” user

12.4%

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies, and other online tracking technology. Some cookie banners also give website visitors choices with respect to whether tracking technologies are, or are not, used, including via cookie “opt-in” or “opt-out” user

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies, and other online tracking technologies. Some cookie banners also give website visitors choices with respect to whether tracking technologies are, or are not, used, including via cookie “opt-in” or “opt-out” user controls.

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies, and other online tracking technologies. Some cookie banners also give website visitors choices with respect to whether tracking technologies are, or are not, used, including via cookie “opt-in” or “opt-out” user controls.