Can I collect personal information from my customers in California in Nevada? What are the requirements?

Can I collect personal information from my customers in California in Nevada? What are the requirements?

Yes, you can collect personal information from your customers in California while being in Nevada, but you must comply with the California Consumer Privacy Act (CCPA) ^[1.1]. The CCPA applies to businesses that collect personal information of California residents and meet certain criteria, regardless of where the business is located.

To comply with the CCPA, you must ensure that the collection, use, retention, and/or sharing of a consumer’s personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed ^[1.1]. You must also provide a Notice at Collection that discloses the categories of personal information collected, the purposes for which the information will be used, and the categories of third parties with whom the information will be shared ^[1.1].

Additionally, you must obtain the consumer’s consent before collecting or processing personal information for any purpose that does not meet the requirements set forth in the CCPA ^[1.1].

The definition of “personal information” under Nevada law includes a natural person’s first name or first initial and last name in combination with certain data elements, such as social security number, driver’s license number, account number, credit card number, medical identification number, health insurance identification number, user name, unique identifier, or electronic mail address in combination with a password, access code, or security question and answer that would permit access to an online account ^[2.1].

If you are applying for a license in Nevada that requires the submission of fingerprints and financial statements, you must attach a financial statement showing the assets, liabilities, and net worth of the applicant ^[4.2].

Source(s):

• [1.1] Restrictions on the Collection and Use of Personal Information.
• [2.1] “Personal information” defined.
• [4.2] Application for license: Contents; submission of fingerprints and financial statement; examination of applicant; withdrawal of application. [Effective until the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030.]

Jurisdiction

Nevada, California

• Privacy