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Can I skip obtaining consent to sell personal information in California? What are the requirements?

To sell personal information in California, businesses must obtain consent from consumers or provide them with the right to opt-out of the sale of their personal information [1.1]([1.2]:). The California Consumer Privacy Act (CCPA) requires businesses to design and implement methods for submitting CCPA requests and obtaining consumer consent that incorporate certain principles [1.2]. These principles include using language that is easy for consumers to read and understand, providing symmetry in choice, avoiding language or interactive elements that are confusing to the consumer, avoiding choice architecture that impairs or interferes with the consumer’s ability to make a choice, and making the methods easy to execute [1.2].

However, a business does not need to provide a Notice of Right to Opt-out of Sale/Sharing or the “Do Not Sell or Share My Personal Information” link if it does not sell or share personal information and states in its privacy policy that it does not sell or share personal information [1.1]([1.2]:).

If a business sells or shares the personal information of 10,000,000 or more consumers in a calendar year, it must compile and disclose certain metrics related to opt-out requests [1.3].

In summary, businesses must obtain consent or provide the right to opt-out of the sale of personal information in California, unless they do not sell or share personal information and state so in their privacy policy. Businesses must also follow the CCPA principles for obtaining consumer consent and submitting CCPA requests. If a business sells or shares the personal information of 10,000,000 or more consumers in a calendar year, it must compile and disclose certain metrics related to opt-out requests [1.1]([1.2]:)[1.2][1.3].

[1.3]:

Source(s):
Jurisdiction

California