It depends.
The CCPA requires that a business that collects a consumer’s personal information provide the consumer “at or before the point of collection” certain information regarding what types of personal information will be collected, the purpose of the collection, the business’s sales practices, and where the consumer can find the business’s privacy notice.1 That notice must be communicated in a manner that is intended to be “understandable to consumers.”2
In order to facilitate the ability of consumers to understand the notice that is provided at the point at which personal information is collected, a business is required to communicate in the “language in which the business in its ordinary course provides contracts, disclaimers, sales announcements, and other information to consumers in California.”3 As a result, if a business typically advertises, contracts, and communicates with consumers in English and Spanish, then it should notify consumers regarding the type of personal information that it intends to collect in both languages. Conversely if a business ordinarily communicates with consumers only in English its notice at collection can be provided only in English.
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. CCPA Section 1798.100(b); CCPA Reg. Section 999.305(b)(1)-(4).
2. CCPA Reg. Section 305(a)(2).
3. CCPA Reg. Section 305(a)(2)(c).
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