California Privacy Rights Act, CPRA.
Formerly known as California Consumer Privacy Act, CCPA. Streamline your company’s ability to manage and respond to CCPA’s requests.
“CCPA is compelling more companies to get serious about protecting their consumers’ data and privacy. And other states will follow suit.”
Steve Madsen, Cingo Solutions
CCPA Compliance
When did the enforcement of CCPA begin?
The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. However, the California Attorney General’s office began enforcing the law on July 1, 2020, after a six-month grace period for businesses to come into compliance. It’s important to note that the CCPA has been subject to updates and amendments, and it was also a precursor to the California Privacy Rights Act (CPRA), which was passed in November 2020 and will bring additional privacy requirements and enforcement mechanisms into play in the future.
CCPA Compliance
When did the enforcement of CCPA begin?
The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. However, the California Attorney General’s office began enforcing the law on July 1, 2020, after a six-month grace period for businesses to come into compliance. It’s important to note that the CCPA has been subject to updates and amendments, and it was also a precursor to the California Privacy Rights Act (CPRA), which was passed in November 2020 and will bring additional privacy requirements and enforcement mechanisms into play in the future.
What’s the Gist?
The gist of the CCPA Consumers’ Rights:
The law includes consumers’ rights that address the personal information of Californians.
- Right to opt-out
- Right to notice (aka right to be informed)
- Right to disclosure
- Right to deletion
- Right to equal services and prices
Fines and Penalties
What fines and penalties are under enforcement?
Under CCPA, a business can be found non-compliant and penalized by the California Attorney General when there’s a private information breach.
- Up to $7,500 per intentional violation or breach
- Up to $2,500 per non-intentional violation or breach
- With no limit or ceiling to the fees assessed
Besides CCPA penalties, damages from an individual or class action lawsuit can range between $100-$750 per violation, quickly escalating losses out of control.
Fines and Penalties
What fines and penalties are under enforcement?
Under CCPA, a business can be found non-compliant and penalized by the California Attorney General when there’s a private information breach.
- Up to $7,500 per intentional violation or breach
- Up to $2,500 per non-intentional violation or breach
- With no limit or ceiling to the fees assessed
Besides CCPA penalties, damages from an individual or class action lawsuit can range between $100-$750 per violation, quickly escalating losses out of control.
How is small and midsize business affected?
CCPA applies to ANY business that qualifies for one of the following:
- Earns $25 million in revenue / per year
- Sells 50,000 consumer records / per year
- Derives 50% of its annual revenue from selling personal information
- Collects or sells personal information from consumers in California, regardless of where your company is located
What is a CCPA data breach?
Mistakes in approach to data protection and privacy, even unintentional ones, can cause a data breach. For instance, mistakenly sending personal data to the wrong recipient constitutes a data breach and a violation under CCPA. Non-compliance opens the likelihood of a private right of action, increasing your financial liability and risk while hurting your security ranking.
Key points related to a CCPA data breach include:
Personal Information: The CCPA defines personal information broadly and includes data like names, email addresses, social security numbers, financial information, and other identifiers that can be used to identify or link to a California resident.
Breach Definition: A data breach under CCPA occurs when personal information is subject to unauthorized access, exfiltration, theft, or disclosure as a result of a security incident.
Notification Requirement: If a business subject to the CCPA experiences a data breach, it is generally required to notify affected California residents whose personal information was exposed. This notification must be made without unreasonable delay and typically includes information about the nature of the breach, the type of personal information involved, and steps individuals can take to protect themselves.
Financial Penalties: The CCPA allows for statutory damages to be imposed on businesses in the event of a data breach if certain conditions are met. These penalties can vary depending on the nature and severity of the breach.
Legal Consequences: In addition to statutory fines, businesses that fail to protect personal information adequately and respond to data breaches in accordance with CCPA requirements may face legal consequences, including civil lawsuits and regulatory actions.
It’s essential for businesses subject to CCPA to have robust data security measures in place to prevent data breaches and to have a response plan ready in case a breach does occur. Compliance with CCPA requirements related to data breaches is crucial not only to protect the privacy of California residents but also to avoid potential legal liabilities and fines.
What is a CCPA data breach?
Mistakes in approach to data protection and privacy, even unintentional ones, can cause a data breach. For instance, mistakenly sending personal data to the wrong recipient constitutes a data breach and a violation under CCPA. Non-compliance opens the likelihood of a private right of action, increasing your financial liability and risk while hurting your security ranking.
Key points related to a CCPA data breach include:
Personal Information: The CCPA defines personal information broadly and includes data like names, email addresses, social security numbers, financial information, and other identifiers that can be used to identify or link to a California resident.
Breach Definition: A data breach under CCPA occurs when personal information is subject to unauthorized access, exfiltration, theft, or disclosure as a result of a security incident.
Notification Requirement: If a business subject to the CCPA experiences a data breach, it is generally required to notify affected California residents whose personal information was exposed. This notification must be made without unreasonable delay and typically includes information about the nature of the breach, the type of personal information involved, and steps individuals can take to protect themselves.
Financial Penalties: The CCPA allows for statutory damages to be imposed on businesses in the event of a data breach if certain conditions are met. These penalties can vary depending on the nature and severity of the breach.
Legal Consequences: In addition to statutory fines, businesses that fail to protect personal information adequately and respond to data breaches in accordance with CCPA requirements may face legal consequences, including civil lawsuits and regulatory actions.
It’s essential for businesses subject to CCPA to have robust data security measures in place to prevent data breaches and to have a response plan ready in case a breach does occur. Compliance with CCPA requirements related to data breaches is crucial not only to protect the privacy of California residents but also to avoid potential legal liabilities and fines.
How can Cingo Solutions relieve stress and reduce the cost of CCPA compliance?
We offer the only AICPA backed CCPA SOC certification in the country.
We help businesses streamline planning, implementation, and audits for CCPA compliance.
We offer a holistic security strategy that’s CCPA ready.
We help train your team to be security-savvy.
We understand the critical differences between GDPR and CCPA, so we can easily explain them to you.