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
Transparency Obligations
49Title 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
5 obligations
CCPA-1798.100-01
Transparency
Inform consumers of personal information categories and purposes at collection
At or before the point of collection, inform consumers of the categories of personal information to be collected, the pu
CCPA-1798.100-03
Transparency
Inform consumers of sensitive personal information categories and purposes
If collecting sensitive personal information, inform consumers at or before collection of the categories of sensitive pe
CCPA-1798.100-05
Transparency
Disclose intended retention period or criteria
Inform consumers of the length of time the business intends to retain each category of personal information (including s
CCPA-1798.100-07
Transparency
Third-party website homepage disclosure option
A business acting as a third party controlling collection may satisfy disclosure obligations by providing required infor
CCPA-1798.100-08
Transparency
Physical location disclosure for third-party collection
If a business acting as third party controls collection on its premises (including vehicles), inform consumers at or bef
Article 1798.105. Consumers’ Right to Delete Personal Information
1 obligation
Article 1798.106. Consumers’ Right to Correct Inaccurate Personal Information
1 obligation
Article 1798.110. Consumers’ Right to Know What Personal Information is Being Collected. Right to Access Personal Information
10 obligations
CCPA-1798.110-01
Transparency
Disclose Categories of Personal Information Collected Upon Consumer Request
Upon receipt of a verifiable consumer request, a business must disclose to the consumer the categories of personal infor
CCPA-1798.110-02
Transparency
Disclose Categories of Sources Upon Consumer Request
Upon receipt of a verifiable consumer request, a business must disclose to the consumer the categories of sources from w
CCPA-1798.110-03
Transparency
Disclose Business Purpose for Data Processing Upon Consumer Request
Upon receipt of a verifiable consumer request, a business must disclose to the consumer the business or commercial purpo
CCPA-1798.110-04
Transparency
Disclose Categories of Third Party Recipients Upon Consumer Request
Upon receipt of a verifiable consumer request, a business must disclose to the consumer the categories of third parties
CCPA-1798.110-05
Transparency
Disclose Specific Pieces of Personal Information Upon Consumer Request
Upon receipt of a verifiable consumer request, a business must disclose to the consumer the specific pieces of personal
CCPA-1798.110-06
Transparency
General Disclosure of Categories of Personal Information Collected
A business that collects personal information about consumers must disclose the categories of personal information it ha
CCPA-1798.110-07
Transparency
General Disclosure of Categories of Sources
A business that collects personal information about consumers must disclose the categories of sources from which the per
CCPA-1798.110-08
Transparency
General Disclosure of Business Purpose for Data Processing
A business that collects personal information about consumers must disclose the business or commercial purpose for colle
CCPA-1798.110-09
Transparency
General Disclosure of Categories of Third Party Recipients
A business that collects personal information about consumers must disclose the categories of third parties to whom the
CCPA-1798.110-10
Transparency
Disclose Consumer Right to Request Specific Personal Information
A business that collects personal information about consumers must disclose that a consumer has the right to request the
Article 1798.115. Consumers’ Right to Know What Personal Information is Sold or Shared and to Whom
5 obligations
CCPA-1798.115-01
Transparency
Disclose categories of personal information collected upon consumer request
Upon receipt of a verifiable consumer request, businesses must disclose the categories of personal information that the
CCPA-1798.115-02
Transparency
Disclose categories of personal information sold/shared and recipients upon request
Upon receipt of a verifiable consumer request, businesses must disclose the categories of personal information that the
CCPA-1798.115-03
Transparency
Disclose categories of personal information disclosed for business purpose upon request
Upon receipt of a verifiable consumer request, businesses must disclose the categories of personal information that the
CCPA-1798.115-04
Transparency
Disclose categories of consumers' personal information sold or shared in privacy notice
Businesses must disclose in their privacy notice the category or categories of consumers' personal information it has so
CCPA-1798.115-05
Transparency
Disclose categories of consumers' personal information disclosed for business purpose
Businesses must disclose in their privacy notice the category or categories of consumers' personal information it has di
Article 1798.120. Consumers’ Right to Opt Out of Sale or Sharing of Personal Information
1 obligation
Article 1798.121. Consumers’ Right to Limit Use and Disclosure of Sensitive Personal Information
1 obligation
Article 1798.125. Consumers’ Right of No Retaliation Following Opt Out or Exercise of Other Rights
1 obligation
Article 1798.130. Notice, Disclosure, Correction, and Deletion Requirements
7 obligations
CCPA-1798.130-17
Transparency
Publish Consumer Rights Description and Request Methods
Disclose in online privacy policy or California-specific privacy rights description, or on website if no policies exist,
CCPA-1798.130-18
Transparency
Publish Categories of Personal Information Collected
For Section 1798.110(c) purposes, publish list of categories of personal information collected about consumers in preced
CCPA-1798.130-19
Transparency
Publish Categories of Personal Information Sources
For Section 1798.110(c) purposes, publish the categories of sources from which consumers' personal information is collec
CCPA-1798.130-20
Transparency
Publish Business/Commercial Purposes for Collection/Sale/Sharing
For Section 1798.110(c) purposes, publish the business or commercial purpose for collecting, selling, or sharing consume
CCPA-1798.130-21
Transparency
Publish Categories of Third Party Personal Information Recipients
For Section 1798.110(c) purposes, publish the categories of third parties to whom the business discloses consumers' pers
CCPA-1798.130-22
Transparency
Publish Personal Information Sale/Sharing Categories or No-Sale Statement
For Section 1798.115(c) purposes, publish list of personal information categories sold or shared about consumers in prec
CCPA-1798.130-23
Transparency
Publish Business Purpose Disclosure Categories or No-Disclosure Statement
For Section 1798.115(c) purposes, publish list of personal information categories disclosed for business purposes about
Article 1798.135. Methods of Limiting Sale, Sharing, and Use of Personal Information and Use of Sensitive Personal Information
2 obligations
CCPA-1798.135-04
Transparency
Present Financial Incentive Terms When Charging for Opt-Out
When responding to opt-out requests by informing consumers of charges for product/service use, present the terms of any
CCPA-1798.135-10
Transparency
Include Consumer Rights Description in Privacy Policy
Include a description of consumer rights under Sections 1798.120 and 1798.121, along with separate links to opt-out page
Article 1798.136. Untitled
1 obligation
Article 1798.140. Definitions
2 obligations
CCPA-1798.140-19
Transparency
Material Practice Change Notice Requirement (Sale Context)
Third parties assuming control through mergers/acquisitions must provide prior notice to consumers if they materially al
CCPA-1798.140-20
Transparency
Material Practice Change Notice Requirement (Sharing Context)
Third parties assuming control through mergers/acquisitions must provide prior notice to consumers if they materially al
Article 1798.145. Exemptions
4 obligations
CCPA-1798.145-05
Transparency
Inform consumer when not taking action on their request
If a business does not take action on a consumer request, it must inform the consumer without delay and within the permi
CCPA-1798.145-06
Transparency
Notify consumer when charging fee or refusing manifestly unfounded requests
When consumer requests are manifestly unfounded or excessive, businesses may charge reasonable fees or refuse to act but
CCPA-1798.145-11
Transparency
Notify consumers when acting under student grades deletion exception
If a business does not comply with a deletion request for student grades, educational scores, or test results held on be
CCPA-1798.145-12
Transparency
Notify consumers when withholding educational assessment information to protect validity
If a business does not disclose educational standardized assessment information or specific responses because disclosure
Article 1798.148. Untitled
2 obligations
CCPA-1798.148-03
Transparency
Inclusion of deidentified patient information disclosure in contracts
Must include a statement in contracts for sale or license of deidentified information disclosing that the deidentified i
CCPA-1798.148-04
Transparency
Inclusion of reidentification prohibition clause in contracts
Must include a statement in contracts for sale or license of deidentified information that reidentification and attempte
Article 1798.199.40. The agency shall perform the following functions:
4 obligations
CCPA-1798.199.40-04
Transparency
Promote public awareness of privacy rights and risks
The agency must promote public awareness and understanding of the risks, rules, responsibilities, safeguards, and rights
CCPA-1798.199.40-06
Transparency
Provide guidance to consumers on their CCPA rights
The agency must provide guidance to consumers regarding their rights under the CCPA.
CCPA-1798.199.40-07
Transparency
Provide guidance to businesses on CCPA duties and responsibilities
The agency must provide guidance to businesses regarding their duties and responsibilities under the CCPA.
CCPA-1798.199.40-13
Transparency
Maintain public list of voluntarily certified entities
The agency must make a list of entities that have voluntarily certified compliance with the CCPA available to the public
Article 1798.199.55. Untitled
1 obligation
Article 1798.199.95. Untitled
1 obligation