Federal law sometimes requires that companies obtain consent prior to sending marketing communications to business contacts identified during conferences and trade shows. In addition to any consent requirement required under federal law, the CCPA imposes the following additional requirements when information is collected from California residents: 1
Note that to the extent that the business contact or prospect is an “employee, owner, director, officer, or contractor” of a company, some of the requirements of the CCPA may be deferred until 2021.2 Whether the requirements are, or are not, deferred, however, may depend upon whether the marketing communication relates to “due diligence regarding,” or “providing or receiving a product or service.” While the deferral should extend to marketing communications relating to future products or services, it is possible that a privacy advocate might argue that marketing is neither due diligence regarding, or the actual provision of, a product or service.
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. Cal. Civ. Code § 1798.100(a), (b); 1798.140(v).
2. See AB 1355.
[View source.]
