CCPA-CPRA
California Consumer Privacy Act of 2018 (as amended by CPRA)
- I. California Consumer Privacy Act of 2018 (CCPA/CPRA)
- Ch. I — California Consumer Privacy Act (Cal. Civ. Code 1798.100-1798.199.100)
- Art. 1798.100. General Duties of Businesses that Collect Personal Information (15)
- Art. 1798.105. Consumers’ Right to Delete Personal Information (9)
- Art. 1798.106. Consumers’ Right to Correct Inaccurate Personal Information (3)
- Art. 1798.110. Consumers’ Right to Know What Personal Information is Being Collected. Right to Access Personal Information (10)
- Art. 1798.115. Consumers’ Right to Know What Personal Information is Sold or Shared and to Whom (6)
- Art. 1798.120. Consumers’ Right to Opt Out of Sale or Sharing of Personal Information (6)
- Art. 1798.121. Consumers’ Right to Limit Use and Disclosure of Sensitive Personal Information (4)
- Art. 1798.125. Consumers’ Right of No Retaliation Following Opt Out or Exercise of Other Rights (11)
- Art. 1798.130. Notice, Disclosure, Correction, and Deletion Requirements (28)
- Art. 1798.135. Methods of Limiting Sale, Sharing, and Use of Personal Information and Use of Sensitive Personal Information (20)
- Art. 1798.136. Untitled (3)
- Art. 1798.140. Definitions (21)
- Art. 1798.145. Exemptions (12)
- Art. 1798.146. Untitled (6)
- Art. 1798.148. Untitled (6)
- Art. 1798.150. Personal Information Security Breaches (4)
- Art. 1798.155. Administrative Enforcement (3)
- Art. 1798.160. Consumer Privacy Fund (14)
- Art. 1798.175. Conflicting Provisions (3)
- Art. 1798.180. Preemption (1)
- Art. 1798.185. Regulations (31)
- Art. 1798.190. Anti-Avoidance (2)
- Art. 1798.192. Waiver (5)
- Art. 1798.194. This title shall be liberally construed to effectuate its purposes. ref
- Art. 1798.196. This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the United States or California Constitution. ref
- Art. 1798.198. Untitled (2)
- Art. 1798.199. Notwithstanding Section 1798.198, Section 1798.180 shall be operative on the effective date of the act adding this section. ref
- Art. 1798.199.10. Untitled (8)
- Art. 1798.199.15. Members of the agency board shall: (7)
- Art. 1798.199.20. Members of the agency board, including the chairperson, shall serve at the pleasure of their appointing authority but shall serve for no longer than eight consecutive years. ref
- Art. 1798.199.25. For each day on which they engage in official duties, members of the agency board shall be compensated at the rate of one hundred dollars ($100), adjusted pursuant to subdivision (d) of Section 1798.199.95, and shall be reimbursed for expenses incurred in performance of their official duties. ref
- Art. 1798.199.30. The agency board shall appoint an executive director who shall act in accordance with agency policies and regulations and with applicable law. The agency shall appoint and discharge officers, counsel, and employees, consistent with applicable civil service laws, and shall fix the compensation of employees and prescribe their duties. The agency may contract for services that cannot be provided by its employees. ref
- Art. 1798.199.35. The agency board may delegate authority to the chairperson or the executive director to act in the name of the agency between meetings of the agency, except with respect to resolution of enforcement actions and rulemaking authority. ref
- Art. 1798.199.40. The agency shall perform the following functions: (15)
- Art. 1798.199.45. Untitled (4)
- Art. 1798.199.50. No finding of probable cause to believe this title has been violated shall be made by the agency unless, at least 30 days prior to the agency’s consideration of the alleged violation, the business, service provider, contractor, or person alleged to have violated this title is notified of the violation by service of process or registered mail with return receipt requested, provided with a summary of the evidence, and informed of their right to be present in person and represented by counsel at any proceeding of the agency held for the purpose of considering whether probable cause exists for believing the person violated this title. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is signed, or if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose of considering probable cause shall be private unless the alleged violator files with the agency a written request that the proceeding be public. ref
- Art. 1798.199.55. Untitled (8)
- Art. 1798.199.60. Whenever the agency rejects the decision of an administrative law judge made pursuant to Section 11517 of the Government Code, the agency shall state the reasons in writing for rejecting the decision. ref
- Art. 1798.199.65. The agency may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records, or other items material to the performance of the agency’s duties or exercise of its powers, including, but not limited to, its power to audit a business’ compliance with this title. ref
- Art. 1798.199.70. No administrative action brought pursuant to this title alleging a violation of any of the provisions of this title shall be commenced more than five years after the date on which the violation occurred. (3)
- Art. 1798.199.75. Untitled (5)
- Art. 1798.199.80. Untitled (5)
- Art. 1798.199.85. Any decision of the agency with respect to a complaint or administrative fine shall be subject to judicial review in an action brought by an interested party to the complaint or administrative fine and shall be subject to an abuse of discretion standard. ref
- Art. 1798.199.90. Untitled (6)
- Art. 1798.199.95. Untitled (6)
- Art. 1798.199.100. The agency and any court, as applicable, shall consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of any administrative fine or civil penalty for a violation of this title. A business shall not be required by the agency, a court, or otherwise to pay both an administrative fine and a civil penalty for the same violation. ref
Prohibition Obligations
37Title I — California Consumer Privacy Act of 2018 (CCPA/CPRA)
Chapter I — California Consumer Privacy Act (Cal. Civ. Code 1798.100-1798.199.100)
Article 1798.100. General Duties of Businesses that Collect Personal Information
2 obligations
CCPA-1798.100-02
Prohibition
Prohibition on collecting additional PI categories without notice
Do not collect additional categories of personal information or use personal information for additional purposes incompa
CCPA-1798.100-04
Prohibition
Prohibition on collecting additional sensitive PI categories without notice
Do not collect additional categories of sensitive personal information or use sensitive personal information for additio
Article 1798.105. Consumers’ Right to Delete Personal Information
1 obligation
Article 1798.115. Consumers’ Right to Know What Personal Information is Sold or Shared and to Whom
1 obligation
Article 1798.120. Consumers’ Right to Opt Out of Sale or Sharing of Personal Information
2 obligations
CCPA-1798.120-04
Prohibition
Prohibition on Sale/Sharing Minor Personal Information (Under 16)
Businesses are prohibited from selling or sharing personal information of consumers under 16 years of age unless proper
CCPA-1798.120-06
Prohibition
Prohibition on Sale/Sharing After Opt-Out Direction
Businesses that receive direction from consumers not to sell or share personal information, or lack consent for minor's
Article 1798.121. Consumers’ Right to Limit Use and Disclosure of Sensitive Personal Information
2 obligations
CCPA-1798.121-02
Prohibition
Prohibition on Using Sensitive Personal Information After Consumer Direction to Limit
After receiving direction from a consumer to limit use or disclosure of sensitive personal information, businesses are p
CCPA-1798.121-03
Prohibition
Service Provider/Contractor Limitation on Sensitive Personal Information Use
Service providers or contractors that assist businesses and have received instructions from the business, with actual kn
Article 1798.125. Consumers’ Right of No Retaliation Following Opt Out or Exercise of Other Rights
6 obligations
CCPA-1798.125-01
Prohibition
Prohibition on Denying Goods or Services for Rights Exercise
A business must not deny goods or services to a consumer because the consumer exercised any of their rights under the CC
CCPA-1798.125-02
Prohibition
Prohibition on Differential Pricing for Rights Exercise
A business must not charge different prices or rates for goods or services, including through discounts, benefits, or pe
CCPA-1798.125-03
Prohibition
Prohibition on Differential Service Quality for Rights Exercise
A business must not provide a different level or quality of goods or services to a consumer because the consumer exercis
CCPA-1798.125-04
Prohibition
Prohibition on Suggesting Differential Treatment for Rights Exercise
A business must not suggest that a consumer will receive different pricing, rates, or service quality because the consum
CCPA-1798.125-05
Prohibition
Prohibition on Employee/Contractor Retaliation for Rights Exercise
A business must not retaliate against employees, employment applicants, or independent contractors for exercising their
CCPA-1798.125-11
Prohibition
Prohibition on Unjust Financial Incentive Practices
A business must not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.
Article 1798.135. Methods of Limiting Sale, Sharing, and Use of Personal Information and Use of Sensitive Personal Information
3 obligations
CCPA-1798.135-09
Prohibition
No Account Creation Requirement for Opt-Out
Not require consumers to create an account or provide additional information beyond what is necessary to direct the busi
CCPA-1798.135-18
Prohibition
Prohibit Sale/Sharing by Authorized Data Collectors Post Opt-Out
Authorized data collectors who receive opt-out communications must be prohibited from selling or sharing the personal in
CCPA-1798.135-19
Prohibition
Restrict Data Use by Authorized Collectors to Service Provision
Authorized data collectors who receive opt-out communications must be prohibited from retaining, using, or disclosing co
Article 1798.140. Definitions
1 obligation
Article 1798.145. Exemptions
2 obligations
CCPA-1798.145-03
Prohibition
Limit use of retained data to law enforcement production only
Businesses that receive law enforcement direction not to delete consumer personal information must not use that informat
CCPA-1798.145-09
Prohibition
Limit vehicle/vessel information sharing to warranty and recall purposes only
New motor vehicle dealers and vessel dealers sharing vehicle/vessel information with manufacturers must ensure the infor
Article 1798.148. Untitled
1 obligation
Article 1798.150. Personal Information Security Breaches
1 obligation
Article 1798.155. Administrative Enforcement
1 obligation
Article 1798.185. Regulations
2 obligations
CCPA-1798.185-28
Prohibition
Enforcement Moratorium Until Final Regulations
The Attorney General shall not bring enforcement actions under this title until six months after final regulation public
CCPA-1798.185-31
Prohibition
Enforcement Moratorium Until July 1, 2023
Civil and administrative enforcement of provisions added or amended by this act shall not commence until July 1, 2023, a
Article 1798.190. Anti-Avoidance
2 obligations
CCPA-1798.190-01
Prohibition
Prohibition on Circumventing CCPA Through Multi-Step Transactions
Businesses must not engage in a series of steps or transactions that are component parts of a single transaction intende
CCPA-1798.190-02
Prohibition
Prohibition on Avoiding 'Sell' or 'Share' Definitions Through Value Exchange Schemes
Businesses must not engage in steps or transactions purposely designed to avoid the definitions of 'sell' or 'share' by
Article 1798.192. Waiver
2 obligations
CCPA-1798.192-01
Prohibition
Prohibition on Waiver Contract Provisions
Businesses must not include any provision in contracts or agreements that purports to waive or limit rights under the CC
CCPA-1798.192-02
Prohibition
Prohibition on Representative Action Waivers
Businesses must not include representative action waivers in contracts or agreements that would limit consumers' rights
Article 1798.199.15. Members of the agency board shall:
3 obligations
CCPA-1798.199.15-04
Prohibition
Agency board members prohibited from incompatible actions and occupations
Agency board members must refrain from any action incompatible with their duties and cannot engage in any incompatible o
CCPA-1798.199.15-06
Prohibition
One-year post-office employment restriction for agency board members
Agency board members are prohibited from accepting employment with any business that was subject to enforcement action o
CCPA-1798.199.15-07
Prohibition
Two-year post-office representation restriction for agency board members
Agency board members are prohibited from acting for compensation as an agent or attorney for, or otherwise representing,
Article 1798.199.45. Untitled
1 obligation
Article 1798.199.55. Untitled
1 obligation
Article 1798.199.70. No administrative action brought pursuant to this title alleging a violation of any of the provisions of this title shall be commenced more than five years after the date on which the violation occurred.
1 obligation
Article 1798.199.90. Untitled
2 obligations
CCPA-1798.199.90-05
Prohibition
Prohibition on limiting Attorney General's enforcement authority
The agency may not limit the authority of the Attorney General to enforce this title.
CCPA-1798.199.90-06
Prohibition
Prohibition on Attorney General civil action after agency decision
The Attorney General cannot file a civil action under this section for any violation of this title after the agency has