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Can I disclose personal information for a business purpose without complying with CCPA in South Dakota? What are the requirements?

Disclosure of Personal Information under CCPA in South Dakota

The California Consumer Privacy Act (CCPA) applies to businesses that collect personal information of California residents and meet certain criteria. However, if you are a business located in South Dakota and do not meet the CCPA’s criteria, you are not required to comply with the CCPA [1].

If you are a business located in South Dakota and collect personal information of California residents and meet the CCPA’s criteria, you must comply with the CCPA. Under the CCPA, a business may disclose personal information for a business purpose, but it must provide certain disclosures to the consumer [1].

The CCPA requires businesses to disclose the categories of personal information collected, the purposes for which the personal information will be used, and the categories of third parties with whom the personal information will be shared [2]. Additionally, businesses must provide a clear and conspicuous link on their website titled “Do Not Sell My Personal Information” [2].

Requirements for Disclosure of Personal Information under CCPA

If you are a business located in South Dakota and meet the CCPA’s criteria, you must comply with the following requirements when disclosing personal information for a business purpose:

  • Provide the consumer with notice at or before the point of collection [1].
  • Disclose the categories of personal information collected, the purposes for which the personal information will be used, and the categories of third parties with whom the personal information will be shared [2].
  • Provide a clear and conspicuous link on your website titled “Do Not Sell My Personal Information” [2].
  • Provide the consumer with the right to request deletion of their personal information [1].
  • Provide the consumer with the right to opt-out of the sale of their personal information [2].

Conclusion

If you are a business located in South Dakota and do not meet the CCPA’s criteria, you are not required to comply with the CCPA. If you are a business located in South Dakota and collect personal information of California residents and meet the CCPA’s criteria, you must comply with the CCPA when disclosing personal information for a business purpose. This includes providing certain disclosures to the consumer, providing a clear and conspicuous link on your website titled “Do Not Sell My Personal Information,” and providing the consumer with the right to request deletion of their personal information and the right to opt-out of the sale of their personal information.

Source(s):
Jurisdiction

South Dakota