CCPA Forms: The Right to Opt-Out, Request to Know and Request to Delete

CCPA Forms
Print Friendly, PDF & Email

Readers of this blog have been following our coverage of the California Consumer Privacy Act (“CCPA”) and related regulatory developments. In today’s blog, we detail some of the compliance measures that should be taken with respect to consumer data election rights and the associated CCPA forms through which consumers can make these elections. Among other measures, the CCPA has codified California consumers’ rights to: 1) opt-out of the sale of their personal information to third parties; 2) request to know what personal information businesses have collected about them and how businesses have sold or disclosed that information to third parties; and 3) request that businesses delete personal information that has been collected from/about them. With limited exceptions, businesses should provide consumers with CCPA forms to make elections by and through their websites.

What are CCPA forms and when should they be processed?

CCPA Forms

In order to comply with the CCPA, each business is required to “provide two or more methods for submitting requests to opt-out, including, an interactive form accessible via a clear and conspicuous link titled ‘Do Not Sell My Personal Information,’ or ‘Do Not Sell My Info,’ on the business’ website or mobile application.” Businesses do not need to provide an opt-out form if they do not sell personal information and explain this fact in their privacy policies. Opt-out forms should: 1) include a description of consumers’ rights to opt-out of the sale of their personal information; 2) use plain, straightforward language and avoid technical or legal jargon; 3) provide instructions on any other method by which consumers may submit their requests to opt-out; and 4) be reasonably accessible to consumers with disabilities. The modified CCPA regulations have removed the requirements that opt-out forms include proof when consumers are using authorized agents to exercise their rights to opt-out and that opt-out forms provide links to the URLs of businesses’ privacy policies. 

The most recent proposed CCPA regulation revisions have eliminated the requirement that businesses operating exclusively online that have a direct relationship with their consumers provide a web-based CCPA form to submit right to know requests. These businesses are now only required to provide an email address. All other businesses must provide two (2) methods for submitting requests to know including, but not limited to, a toll-free telephone number and, a designated email address or a form that can be submitted by U.S. Mail. When supplying consumers with the ability to delete their personal information, businesses must provide two (2) or more methods for submitting these requests. Methods include, but are not limited to, a toll-free number, a link or form available online through a business’s website, or a designated email address. If businesses create CCPA forms to satisfy right to know and deletion election requirements, they too should use plain, straight forward language, which must be reasonably accessible to consumers with disabilities. Please note that the modified CCPA regulations no longer require a two-step process to effectuate online requests to delete. 

Processing CCPA Forms

Businesses must comply with requests to opt-out no later than fifteen (15) business days from the date the requests are received. If a business sells a consumer’s personal information after the request to opt-out has been received, but before that business has complied with the request, it must notify third parties that have received consumer personal information from the company in this interim period that the consumer has elected to opt-out and that these third parties may no longer sell that consumer’s personal information. Businesses must confirm receipt of right to know and deletion requests within ten (10) business days of receiving such requests and respond to these requests within forty-five (45) calendar days from the date that the subject requests were received. If necessary, businesses that are unable to respond to requests within the forty-five (45) calendar day period may take an additional forty-five (45) calendar days to respond, provided that they provide consumers with notice and explanation that an extension is required. 

CCPA forms are just one regulatory implementation measure that should be taken on the path to CCPA compliance. If you are interested in learning more about this topic or require assistance with consumer data privacy compliance for your business, please email us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. 

Attorney Advertising

Related Blog Posts

CCPA Law: The Private Right of Action

CCPA Service Provider Requirements Clarified by California AG

CCPA Amended to Require California Data Broker Registration

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

New York Sweepstakes Law blog- Klein Moynihan Turco

New York Sweepstakes Law: Are You Compliant?

Print Friendly, PDF & Email

In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can eliminate one element of what would otherwise be an illegal lottery, in order to transform it into a legal promotional game. If the requirement to

TCPA surveys

An Ad or not an Ad: NY Weighs in on TCPA Surveys

Print Friendly, PDF & Email

Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held

NY sports gambling law- Klein Moynihan Turco

Agreement Reached to Enact NY Sports Gambling Law

Print Friendly, PDF & Email

This week, Governor Andrew Cuomo and the New York State Legislature agreed to a budget deal that will bring mobile sports betting to the State through a unique NY sports gambling law.  Upon the Governor’s signature, NY sports gambling is primed to become the nation’s largest market. However, New York

UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

Print Friendly, PDF & Email

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”)

Share on facebook
Share on google
Share on twitter
Share on linkedin