CCPA and CPRA: Is Cookie Consent required in California?

Yes, as of January 1, 2023, businesses must comply with the California Privacy Rights Act (CPRA) when it comes to cookie consent. CPRA requires that businesses incorporate improved consent standards on their websites and mobile applications in order to protect consumer privacy rights. 

This guide will explain CPRA cookie consent requirements and how you can check your website or application for compliance. It will also discuss the right to opt-out under CPRA as well as when a business is required to provide explicit user consent. With this guide, you'll be able to ensure your business meets all the necessary CPRA regulations regarding cookies and consumer privacy protections. 

Does the CPRA Require Consent for the use of Cookies? 

The CPRA does not require consent for the use of cookies unless those cookies relate to personal information belonging to minors.  

However, CPRA’s consent opt-out framework applies to certain cookies. These include third-party cookies that track an individual’s browsing activity to serve targeted ads or track user preferences, as well as persistent cookies that can store personal information across multiple visits. 

Before CPRA comes into effect, businesses must ensure they are CPRA compliant and check that their cookie systems meet CPRA standards. This includes providing users with clear notice of the use of cookies along with a link to an opt-out form or website.  

Additionally, CPRA requires businesses to provide users with the right to opt out of any cookies that are not necessary for a particular service.  

Furthermore, CPRA stipulates that explicit consent is required in certain circumstances such as when cookies relate to minors or sensitive personal information.  

In summary, to be compliant with CPRA Cookie Consent in 2023 you must: 

Give consumers the option to choose not to have their personal information sold or shared and to restrict the use of their sensitive personal info by providing clear, visible links titled “Do Not Sell or Share my personal information” and “Limit the use of my sensitive personal information”. If a single, properly labeled link allows a consumer to accomplish both, it is also acceptable. 

Does the CPRA require opt-in consent for the use of cookies? 

The CPRA does,  in fact, require explicit opt-in consent for the use of cookies when it relates to personal information belonging to minors. A minor is defined as a consumer who is less than 16 years of age.  

When a business has actual knowledge that the consumer is less than 16 years of age, it must not sell or share the consumer’s personal information without explicit opt-in consent.  

This means businesses must obtain opt-in consent from consumers where the consumer is at least 13 years of age and less than 16 years of age, and consent from the parents of minors younger than 13 years old.  

What is Consent Under the CPRA? 

The CPRA outlines what constitutes consent and what doesn't constitute consent. Consent is any freely given, specific, informed, and unambiguous indication of an individual's wishes by which they signify agreement to the processing of their personal data.  

This means that businesses must obtain clear and informed consent from consumers before collecting or using any of their personal data. 

Under CPRA, certain specific actions cannot be considered as consent such as: 

1. Consumers cannot provide general consent by agreeing to broad terms or acceptance of terms of use that include the processing of unrelated personal information. 

2. Consumer interactions such as hovering over, muting, pausing, or closing a given piece of content will not constitute consent. 

3. Dark patterns cannot be used to manipulate or mislead consumers into providing their consent. 

By understanding CPRA's regulations for cookie consent, you can help ensure your business remains CPRA compliant and protect the privacy of your customers.  

Cookie Policy Under the CPRA 

In order to ensure CPRA compliance, businesses must provide users with a CPRA-compliant cookie policy. The following is a list of the elements that should be included in such a policy: 

1. Categories of cookies used and their purpose 

2. Details on essential cookies, their purposes, and that they will always be activated 

3. Categories of any sensitive personal information collected via cookies and their purposes 

4. Expiration dates for all cookies 

5. Categories of third parties to whom personal data via cookies is sold/disclosed along with the purpose for such sale or disclosure/list of data processors 

6. Explicit opt-in consent requirement when collecting personal information from minors 

How CPRA Connects with Data Privacy Regulation Trends Across the United States 

The CPRA is part of a broader trend in data privacy regulation in the United States. California’s CPRA follows in the footsteps of other states such as Virginia, Washington and Nevada that have implemented their own privacy laws to protect consumer data from misuse or abuse. 

These types of laws are gaining traction across the US as more states and municipalities look to tighten up their regulations on how companies use and share consumer data.  

As more states continue to implement these types of laws, it is important for businesses to stay on top of CPRA compliance by implementing a clear and acceptable consent management policy. . Businesses must also ensure they are offering customers a safe experience when it comes to managing their personal data online. 

How CPRA Connects with Data Privacy Regulation Trends Globally 

The CPRA is part of a larger global trend of data privacy regulation. Businesses are being asked to be more proactive in protecting consumer data and ensuring privacy.  

For example, the EU’s General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) have established regulations designed to protect consumer data from misuse or abuse.  

Privacy laws have now been adopted by other states and municipalities around the US, with CPRA being the most recent addition to the growing list of privacy regulations.  

CPRA is notable for its focus on giving consumers more control over their information by requiring businesses to obtain explicit opt-in consent from minors It also mandates that businesses must provide CPRA compliant cookie policies that outline categories of: 

•  cookies used and their purpose,  

• details on essential cookies, 

•  expiration dates for all cookies,  

• categories of third parties who have access to consumer data through cookies, 

•  and categories of any sensitive personal information collected via cookies and their purposes. 

As data privacy becomes an increasingly important issue globally, CPRA is one regulation among many that businesses must adhere to in order to remain compliant and protect consumer privacy.  

CPRA's implementation in California is an important step forward in establishing strong consumer rights across the United States as it establishes a comprehensive set of protections for personal information.  

Additionally, CPRA's focus on requiring less intrusive methods when obtaining consent will help ensure that consumers are giving informed consent when providing their personal data online.  

Global trends suggest that CPRA's emphasis on increased protection of consumers' personal information will continue to be adopted worldwide as societies become more aware of the need for better protection against misuse or abuse of private data. 

Navigate the Changing Landscape of Cookies and Data Privacy Regulation 

CPRA compliance is complex, but it is vital for businesses to stay up to date on the changing landscape of data privacy regulations.  

By understanding CPRA’s requirements and leveraging automated cookie tools, companies can protect themselves from potential fines or penalties. CPRA compliance ensures companies are giving customers a safe experience when managing customers’ personal data.  

CPRA is an important step forward in establishing strong consumer rights across the US and its focus on requiring less intrusive methods when obtaining consent should be embraced to help ensure that consumers are fully informed with regard to how their personal data is used.  

Therefore, to avoid exhaustive privacy lawsuits, businesses must check their cookie compliance and make sure they understand CPRA. 

Conclusion 

CPRA compliance is crucial for businesses that want to protect their customers' privacy rights and avoid potential fines or reputational damages.  

By understanding CPRA's regulations for cookie consent, you can ensure your business remains compliant by providing users with  a clear and understandable cookie policy. 

The cookie policy should include elements such as categories of cookies used, the purpose of all cookies, ration dates, third parties the personal data will be sold/disclosed to and explicit opt-in consent requirement when collecting personal information from minors.  

You will also need to consider an automated cookie consent solution because the regulations are already in effect, starting January 1st, 2023.  

Taking these steps now can help you save time and money in the future while also protecting your customer’s right to privacy. So, get started, because CPRA regulations are moving forward with or without you!