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CCPA compliance checklist

The California Consumer Privacy Act (CCPA) is one of the most widely applied privacy regulations within the United States, comparable to the EU’s General Data Protection Regulation (GDPR). 

Like GDPR, CCPA gives consumers greater control over their sensitive personal information. CCPA offers privacy protection for any person residing in California and applies even when they are temporarily outside the state.  

With the detailed structure of both privacy regulations comes the need for reliable checklists to ensure that your company meets the latest regulatory guidelines and avoids harmful outcomes for non-compliance.

We have compiled a CCPA compliance checklist to help your team maintain compliance with the latest version of the act, as outlined by the California Privacy Rights Act (CPRA). You can also check our GDPR compliance checklist for an insightful look into the CCPA’s European counterpart.  

CCPA requirements

The CCPA text states that companies dealing with California data are responsible for supporting consumers/data subjects in upholding their rights. It also sets out that your company should provide consumers with notice that informs them of their rights as covered in the CCPA and expanded CPRA. 

The CCPA requires your company to take proactive measures on top of informing data subjects of their rights by facilitating a system that helps them exercise them. Effective approaches must provide site visitors with clear instructions on how they can submit requests to act upon their CCPA rights.

Why was the CCPA introduced

he CCPA was formed to give California residents greater transparency and control over their personal data. The regulation was created in response to the increasing reports of data breaches tied to Big Tech organizations that operated poorly defined data processing practices. 

Through companies ensuring they are CCPA compliant, Californians can consent to the type of data collected from them and the purpose of processing. Also, with the act in motion, Californian data subjects can effectively decline the misuse or abuse of sensitive data, such as undisclosed marketing and sales to third parties. 

Essentially, the CCPA establishes an accepted industry standard that prevents discrimination against data subjects who exercise their privacy rights. 

Which businesses are impacted by the CCPA?

The CCPA applies to for-profit businesses operating in California as long as they fulfill any one of the following criteria:

  • The company receives, processes, or transfers data from 100,000 Californians yearly.
  • The company has gross yearly takings that exceed $25 million. 
  • The company has 50% of its annual revenue from selling or sharing data belonging to Californians.

Adhering to the CCPA also helps your company meet the guidelines of other regulations catered to your organization since the act offers extensive coverage of data protection best practices. These may include the California Online Privacy Protection Act of 2003 (CalOPPA).  

CCPA privacy policy checklist

To assist your team in staying compliant with the most recent iteration of the California Privacy Rights Act (CPRA), we have created this checklist for CCPA compliance. 

By adhering to this CCPA privacy policy checklist, your company can ensure that its data practices align with the most up-to-date CCPA regulations, thereby strengthening data privacy programs. A crucial aspect of this compliance entails fulfilling the CCPA privacy notice requirements, which provide clear explanations of a user's rights under the act. It is important to note that businesses are mandated by the CCPA to perform privacy policy updates annually as part of their due diligence.

CCPA regulations revolve around a group of customer rights your company must provide. These rights are similar to the clauses within the GDPR but apply to California residents. Some of these rights include:

  • Right of Access - Your customers can access their personal data in an accessible and portable format within 45 days of the submitted request. 
  • Right to Deletion - Your customers have the right to request the deletion of their personal data. 
  • Right to Non-discrimination - Customers can stay protected from discrimination when exercising their CCPA rights. 

Additionally, the CPRA amendment that is effective from the 1st of January 2023 includes the enforcement of additional user rights such as:

  • Right of Rectification: Customers have the right to request immediate data changes made based on inaccurate information.
  • Right to Limit: Your customers have the right to limit the use of their sensitive personal data to a purpose, such as fulfilling a specified service. 

Your team can optimize privacy policy updates that meet the latest CCPA regulations by clarifying the following steps:

  • The type of data collected. 
  • The purpose of data collection
  • The parties with shared access to the data and the purpose of access.  
  • The method of data collection and the data formats involved. 
  • Contact details for data subjects who require more information about the processing. 
  • Clear and adequate notices for your data subjects based on their CCPA/CPRA rights. 

Additionally, you should ensure that you provide the following notices to your data subjects:

  • Notice at Collection: The notice that informs your customer about data collection before going ahead.
  • Privacy Policy: The main body of your privacy practices that inform customers about your processing methods and terms. 
  • Authorized Agent: A notice that guides customers on how they can assign another party to request CCPA information on their behalf.
  • Notice of Financial Incentive: Applicable for businesses that offer financial incentive schemes. In such cases, you need to send an explicit notice stating that you offer consumers discounts or other monetary benefits in exchange for their personal information.

By adhering to the CCPA privacy policy checklist and fulfilling these requirements, your company can maintain compliance with the CCPA. It is crucial to distribute an update notice accompanying each policy change, ensuring that data subjects are well-informed about the latest version. Additionally, your website's front page should prominently display a noticeable link to your privacy policy terms, further enhancing transparency and accessibility.

CCPA 2023 compliance recommendations

Meeting your company’s obligations under the California Consumer Privacy Act can seem daunting, especially if you aren’t a regulatory or policy specialist. When you partner with Ketch, we help you ensure your company is compliant with the CCPA, as well as all other U.S. State Privacy Laws

With the Ketch Trust by Design Platform, you can: 

  • Use our “clicks-not-code” interface to create policies for how data is handled throughout your data ecosystem, leveraging our CCPA privacy policy template 
  • Create customized, jurisdictionally-aware privacy notices for your customers
  • Deploy Ketch data mapping and discovery tools to find and classify sensitive and personal data in every internal and external system
  • Assign data processing purposes (like analytics or targeted advertising) and permissions to data, so you know exactly how your data may be used, sold, and/or shared
  • Use our drag-and-drop DSR workflow tool to create automated, end-to-end DSR fulfillment processes that replace internal stakeholder tasks with automated execution of access and deletion requests 

Get in touch today to learn more about how Ketch can help you with CCPA 2023 requirements.

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The power of Ketch

To protect your business and consumers, you must be proactive when building a flexible, effective privacy infrastructure. Ketch offers turnkey templates, allowing you to measure risk across all relevant jurisdictions. Now that you understand the risks, it's time to deploy step two. Implement privacy and security controls across your data systems and lifecycle to better identify and treat data privacy risks. Want to learn more about Ketch risk assessment and reporting and access a data protection impact assessment template you can trust?