As the CCPA’s effective date approaches, businesses are actively monitoring how companies will update their websites and privacy notices to comply with the new disclosure requirements of the Act. While many companies are prepared to update their sites at the end of the year, websites that are preemptively making changes before year-end are being reviewed and scrutinized for trends and signs of any emerging industry standard practices.
In order to help companies understand and benchmark industry practice, BCLP analyzed a random sample of the privacy notices of Fortune 500 companies.1 Based upon that sample, only one company (3.33% of the total sample population) has placed a “Do Not Sell My Personal Information” link on their homepage to-date. 2 It should be noted that in the context of that one company, the link appeared to be non-functional.
Co-authored by Zach DeFelice
For more information and resources about the CCPA visit http://www.CCPA-info.com.
This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes. You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.
1. Using a computer random number generator, BCLP selected 6% of the companies listed among the Fortune 500 in 2019. Revenues for the selected companies ranged from $85 billion to $5 billion. While BCLP did not conduct statistical analysis to determine whether the sample selected accurately represented the range of businesses in the United States, the sample contained companies focused on retail, financials, food, agriculture, manufacturing, entertainment, and energy.
2. In the event that a business sells personal information (as those terms are defined within the CCPA), the Act requires the business to include a link on their homepage and in their online privacy notice titled “Do Not Sell My Personal Information.” Cal. Civil Code § 1798.135(a)(1), (2)(A).
This document provides a general summary and is for information/educational purposes only. It is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.