Does Nevada’s Requirement to Provide an Opt-Out-of-Sale Mechanism Apply to B2B Companies?

June 25, 2019


On May 29, 2019, Nevada became the first state to pass legislation emulating portions of the CCPA when it adopted Senate Bill No. 220.  While Senate Bill No. 220 incorporates the CCPA’s concept of permitting consumers to object to the sale by a company of their information, it does not adopt any other concepts from the CCPA.  In addition, it avoids many of the drafting errors and ambiguities of the CCPA, as well as the business impracticalities of the CCPA, and has a far narrower reach than the CCPA.

For example, Senate Bill No. 220 limits its scope to only companies that collect information from “consumers” – a term that is defined as including only a “person” that seeks a “good, service, money or credit for personal, family or household purposes” from an internet website.1  This contrasts with the definition of “consumer” under the CCPA which includes any California resident.  The net result is that the scope of Nevada’s statute is limited only to end-use personal consumers, and does not include businesses or employees of businesses.

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. NRS 603A.310.