California Attorney General Proposes Fourth Set of Modifications to CCPA Regulations

On December 10, 2020, the California Attorney General issued a fourth set of proposed modifications to the regulations implementing the CCPA. These modifications respond to comments received during the comment period for the third set of modifications released on October 12, 2020 (discussed in a previous Alert). They also aim to clarify and conform the proposed regulations to the text of the CCPA and update the "rulemaking file" with research papers and other documents the California Department of Justice relied upon in adopting the proposed regulations, which are available for public inspection and comment.

The additional changes below are particularly important for covered entities engaged in the "sale" of personal information:

• Introduces a new, uniform opt-out button logo. The fourth modifications introduce a new opt-out button designed to promote consumer awareness of the opportunity to opt out of the sale of personal information. The button may be used in addition to posting the required notice of the right to opt out and, when adopted, should appear to the left of the "Do Not Sell My Personal Information" text and be "approximately the same size as any other buttons used by the business on its webpage." The proposed modifications advise that when a consumer clicks the opt-out button, it should bring her to the same webpage or online location to which she is directed after clicking on the "Do Not Sell My Personal Information" link so that she can exercise her right to opt out.
• Clarifies disclosure of opt-out right in offline settings. The modifications also clarify that businesses selling personal information collected from consumers in the course of interacting with them offline should inform consumers of their right to opt out of the sale of their personal information by an offline method. 

The Attorney General is accepting written comments regarding this fourth set of modifications or the materials added to the rulemaking file between December 11, 2020, and December 28, 2020. Businesses should review these proposed modifications to determine whether adjustments to CCPA compliance policies and procedures may be necessary.