Civil Code Section 1798.135(a)(1) provides that businesses must  establish “a clear and conspicuous link on the business’ Internet homepage, titled ‘Do Not Sell My Personal Information,’ to an Internet Web page that enables a consumer, or a person authorized by the consumer, to opt-out of the sale of the consumer’s personal information…” and that right can be exercised by the consumer “at any time…”  Section 1798.120(a) (emphasis added).  While the CCPA does not provide any direct guidance on whether or not a link is required for subsequent site visits, a reasonable reading of the statute provides that the consumer’s option to exercise his/her right to opt-out of the sale of his/her data needs to be made available to the consumer at each visit, irrespective of if and when the consumer decides to actually exercise that option.  

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.

[View source.]