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/"Love WordPress news but hate reading? My name is Doc and this is Doc Pop's News Drop.
We've heard a lot about GDPR, the General Data Protection Regulation, which went into effect a few months ago, but you probably haven't heard much about the California Consumer Protection Act, which went into effect just a few weeks ago. I have a feeling that's going to change in the next few years, so in this week's episode we're going to talk about this new law. What is it and how does it compare to other data protection laws like GDPR?
Before I do that, however, I want to remind you that I am not a lawyer and this should not be considered legal advice. This is just a version of the bill as it stands, so if you have any questions or want to make sure you are in compliance, you should definitely speak to a lawyer.
The CCPA is an online privacy law very similar to GDPR. It was originally scheduled to be put to the ballot in November as a ballot initiative called the California Consumer Privacy Act of 2018, but surprisingly it was quickly introduced and passed by the California state legislature before the ballot was added. The bill was signed into law on June 29 and is set to go into effect on January 1, 2020.
Similar to GDPR, the CCPA allows consumers to request a copy of any data a U.S. organization may hold about them, as well as request that that data be deleted. Failure to comply with these requests can result in fines.
Fortunately, WordPress introduced many of these privacy features in WordPress version 4.9.6 to help websites become GDPR compliant. This includes the ability to share what data you have collected and easy ways to delete it upon request.
Another similarity between CCPA and GDPR is the requirement to report data breaches to consumers. Affected consumers have the right to take civil action against companies if their data is exposed by hackers or accidentally. Damages can be up to $750 per consumer per incident.
Now let’s talk about how the CCPA differs from the GDPR.
One of the biggest differences is that the GDPR requires consumers to consent to data collection, while the CCPA only gives consumers the right to opt-out. In other words, the CCPA still allows websites to collect your data when you sign up to a new website or make an online purchase. The GDPR, on the other hand, explicitly requires websites to obtain consent before collecting data. That's a big difference.
The law states that websites cannot treat you differently whether you opt out or not, so if you choose to do so, websites cannot throttle loading time or offer fewer features than other consumers.
In California, websites are required to inform their users about what types of data are collected and what happens to the data before collecting it.
What is particularly interesting is that the CCPA allows companies to offer their users financial benefits in return for them agreeing to the collection and processing of their data.
Children between the ages of 13 and 16 must explicitly consent to the sale of their personal information. If the child is under 13, a parent or guardian must authorize the sale of information on behalf of the child.
As I mentioned earlier, the California Consumer Privacy Act of 2018 doesn't go into effect until 2020. So far, the law has been passed without much opposition from major companies, but I think we're in for a big legal battle between now and then, so we can expect to see a lot of changes in the law over the next few years.
Please reiterate that I am not an attorney, so please contact an attorney if you need professional advice regarding the California Consumer Protection Act.
We'd love to hear your thoughts. Will other states start adopting the CCPA or something similar? Let us know in the comments below and tune in next week for more WordPress news./"
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