Comprehensive CCPA/CPRA Compliance Checklist

This article provides an in-depth exploration of CCPA and CPRA compliance to offer a detailed, professional analysis for businesses. It includes all relevant information from the research, organized for clarity and actionable insights, with tables to enhance understanding.

Background and Legal Context

The California Consumer Privacy Act (CCPA), enacted in 2018 and effective from January 2020, was a pioneering consumer privacy law in the U.S., granting California residents rights over their personal information. The California Privacy Rights Act (CPRA), approved in November 2020 and effective from January 2023, amends and expands CCPA, introducing additional protections and establishing the California Privacy Protection Agency (CPPA) for enforcement.

The California Privacy Rights Act (CPRA) is not a separate law but an amendment to CCPA, often referred to as "CCPA 2.0." It expands the scope to include new categories of sensitive personal information and adds rights like data correction and limiting sensitive data use, aligning more closely with the EU's General Data Protection Regulation (GDPR). This evolution suggests businesses must adapt existing CCPA compliance programs to meet CPRA's stricter requirements.

Applicability Thresholds

Both CCPA and CPRA apply to businesses meeting specific thresholds, ensuring only significant data handlers are covered. The criteria, unchanged by CPRA, are:

Businesses must first determine applicability to ensure compliance efforts are focused appropriately. For official details, see the California Department of Justice.

Consumer Rights and Business Obligations

CPRA enhances consumer rights, building on CCPA's foundation. The key rights include:

• Right to Know: Consumers can request details on collected personal information and its usage.

• Right to Delete: Consumers can request deletion of their data, with exceptions.

• Right to Correct: Added by CPRA, consumers can request corrections to inaccurate data.

• Right to Opt-Out: Consumers can opt out of data sale or sharing, with CPRA expanding "sale" to include sharing for cross-context behavioral advertising.

• Right to Limit: Consumers can limit the use and disclosure of sensitive personal information, a new CPRA right.

Businesses must establish processes to handle these requests within 45 days, with a possible 45-day extension for complex cases. This requires efficient systems, as outlined in compliance resources like Osano's CPRA Checklist.

Sensitive Personal Information

CPRA introduces a focus on sensitive personal information, defined as data not publicly available and including:

• Government identifiers (e.g., social security numbers, driver's licenses).

• Biometric or genetic data for unique identification.

• Data revealing racial/ethnic origin, religious beliefs, health conditions, sex life, or sexual orientation.

• Citizenship or immigration status.

• Precise geolocation data.

• Contents of consumer communications (e.g., emails, texts), unless business-directed.

Businesses must identify such data, obtain consumer consent for non-essential uses, and provide a "Limit the Use of My Sensitive Personal Information" link on their homepage. This is critical, as failure to comply can lead to enforcement actions by the CPPA, detailed at California Privacy Protection Agency.

Compliance Checklist in Detail

To ensure comprehensive compliance, businesses should follow these steps, each with specific actions:

1. Determine if your business is subject to CCPA/CPRA:

   • Review financials and data handling to meet thresholds (see table above).

   • Consult California Department of Justice for guidance.

2. Identify and categorize the personal information your business collects:

   • Create an inventory, focusing on sensitive data (e.g., health, geolocation).

   • Implement data minimization, collecting only necessary data, and review regularly.

3. Develop a comprehensive privacy notice:

   • Include categories of data collected, purposes, consumer rights, third-party sharing, and response timeframes.

   • Ensure notice is clear and conspicuous, as per TrustArc's CCPA Guide.

4. Establish processes to handle consumer requests:

   • Set up systems for access, deletion, correction, opt-out, and limit requests.

   • Meet 45-day response deadlines, with possible extensions, using tools like Securiti's Checklist.

5. Implement an opt-out mechanism for the sale or sharing of personal information:

   • Provide a link for consumers to opt out, ensuring compliance with CPRA's expanded definition of "sale."

6. Provide a mechanism for consumers to limit the use and disclosure of their sensitive personal information:

   • Offer a "Limit the Use of My Sensitive Personal Information" link, respecting requests to restrict usage to necessary purposes.

7. Handle sensitive personal information appropriately:

   • Ensure consent or valid exceptions for non-essential uses, aligning with CPRA regulations.

8. Conduct data protection assessments for high-risk data processing activities:

   • Identify high-risk activities (e.g., large-scale profiling, sensitive data processing).

   • Perform assessments to mitigate risks, as required by CPRA, detailed in IT Governance USA.

9. Implement reasonable security measures to protect personal information:

   • Use technical and administrative safeguards to prevent unauthorized access or breaches.

   • Align with CPRA's expanded breach notification categories, including email-password combinations.

10. Develop a data breach response plan:

    • Establish procedures for detection, containment, and investigation.

    • Notify affected consumers and the Attorney General as required, per California Department of Justice.

11. Manage third-party relationships involving personal information:

    • Ensure contracts with vendors include CCPA/CPRA compliance and security measures.

    • Conduct regular audits, as suggested in Mitratech's Checklist.

12. Train employees on privacy policies and procedures:

    • Educate staff on handling data and compliance, with regular updates to reflect law changes.

    • Use training resources from OneTrust.

13. Regularly review and update privacy practices:

    • Stay informed via CPPA updates at California Privacy Protection Agency.

    • Conduct internal audits to ensure ongoing compliance, adapting to new regulations.

Tables for Enhanced Clarity

Below is a table summarizing consumer rights under CCPA and CPRA for quick reference:

Another table outlines key compliance deadlines and actions:

Conclusion

This comprehensive analysis ensures businesses can navigate CCPA and CPRA compliance effectively. By following the detailed checklist and leveraging official resources, businesses can protect consumer privacy and avoid penalties, staying compliant.