Does the new California privacy law apply to you?

by | Jul 5, 2021 | Privacy Policy

I hope you had a great Fourth of July holiday yesterday!

This is the week we focus on the birth of our country. Liberty. Freedom. Independence.

When it comes to law, it’s always a balance of personal freedom versus public safety/protection. You may not be aware that one of the main purposes of the law and court cases is to determine where the lines are drawn.

One of those areas where our society is trying to find a balance is privacy.

Lately, I’ve gotten questions (from more than one client!) about a newer California privacy law that was enacted in 2020 but that people still seem confused about.

What is the privacy law?

The California Consumer Privacy Act (“CCPA”) became effective on January 1, 2020.

Under the new law, California residents are legally now able to know:

  • what personal information is being collected about them and access it–whether that info is being collected in person or online.
  • if their personal information is sold–and the right to opt out of a sale.
  • if their personal information is sold–and the right to opt out of a sale.
  • that they will receive equal service and pricing, whether or not they exercise their privacy rights.

However, does the new California privacy law apply to YOU?

No. Most likely, this law DOES NOT APPLY to you.

 

does the new California privacy law apply to you_

 

Here’s why:

This law ONLY applies to “businesses” which meet one of these criteria:

  • have annual gross revenue (sales) over $25 MILLION.
  • derive over 50% of annual revenue from SELLING customer’s personal information.
  • buy, sell, receive or share personal information of over 50,000 California residents, households or devices each year

So, most likely, this law doesn’t apply to you.

Why? Because most online coaches, entrepreneurs, practitioners and biz owners DO NOT make over $25 million, DO NOT get 50% of their revenue from selling personal information of its customers, and/or DO NOT do anything with personal information of over 50,000 California residents.

Here’s the good news:

You don’t need to do anything differently.
You don’t need to change your opt-in language.
You don’t need to contact your “list”.
You don’t need to update your Privacy Policy because of this law.

You should be good to go as is.

Fabulous, right?

If you want to learn more about the CCPA, here’s a short article in Fortune online for your reading pleasure (note that it’s written in plain English!)

And if you need a Privacy Policy (which complies with the EU GDPR privacy law), you can find out more here.

Know that privacy laws like the one in California will be enacted more and more often by various states and the US government in the future, so it’s good to be aware of these laws, and whether they apply to you. I’ll do my best to update you when I learn of them.

Here’s to understanding privacy laws and knowing when they apply to you!