Does Nevada’s requirement to provide an opt-out-of-sale mechanism apply to B2B companies?

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No.

On May 29, 2019, Nevada became the first state to pass legislation emulating portions of the CCPA when it adopted Senate Bill No. 220.  While Senate Bill No. 220 incorporates the CCPA’s concept of permitting consumers to object to the sale by a company of their information, it does not adopt any other concepts from the CCPA.  In addition, it avoids many of the drafting errors and ambiguities of the CCPA, as well as the business impracticalities of the CCPA, and has a far narrower reach than the CCPA.

For example, Senate Bill No. 220 limits its scope to only companies that collect information from “consumers” – a term that is defined as including only a “person” that seeks a “good, service, money or credit for personal, family or household purposes” from an internet website.1  This contrasts with the definition of “consumer” under the CCPA which includes any California resident.  The net result is that the scope of Nevada’s statute is limited only to end-use personal consumers, and does not include businesses or employees of businesses.

1. NRS 603A.310.

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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. Attorney Advertising.

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