Digital Ad Alliance Offers Guidance On CCPA ‘Do Not Sell’ Opt Out Tool

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Fox Rothschild LLPThe Digital Advertising Alliance has published guidance on the use of a tool for opt out requests under CCPA under its (voluntary) self-regulatory principles.

Takeaways:
  • Both the entity that owns and operates the digital property and collects Personal Information directly from a consumer (publisher) and a third party that indirectly collects Personal Information through the publisher’s digital property (third party) are required to honor California “Do Not Sell” requests.
Third Parties:
  • When a consumer exercises their California “Do Not Sell” rights through the CCPA Opt-Out Tool, third parties may use and transfer such Personal Information only for certain operations and system management purposes.
Publishers:
  • Must display a California “Do Not Sell My Personal Information” link leading to a notice that describes the third party collection of personal information and links to the DAA CCPA Opt-out Tool.
  • Must place a flag that can be read by third parties indicating the link(s) have been placed; and
  • If a publisher collects Personal Information and transfers it to a third party, it must provide a “Do Not Sell” choice. and inform parties with whom is shared information in the past 90 days of such consumer choice.

Details from the Digital Advertising Alliance.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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