On March 15, 2021, the California Attorney General announced the approval of additional regulations to the California Consumer Privacy Act of 2018 (the "CCPA"). The CCPA grants California consumers the right to know, the right to delete and the right to opt-out of the sale of the personal information collected by businesses. In particular, the new regulations ban so-called "dark patterns" that delay or obscure the process for opting out of the sale of personal information.
Specifically, the new regulations:
prohibit companies from burdening consumers with confusing language or unnecessary steps such as forcing them to click through multiple screens or listen to reasons why they should not opt out. A business's methods for submitting requests to opt-out must be easy for consumers to execute and require minimal steps to allow the consumer to opt-out. It may not require the consumer to provide personal information that is not necessary to implement the request. Upon clicking the "Do Not Sell My Personal Information" link, the business shall not require the consumer to search or scroll through the text of a privacy policy or similar document or webpage to locate the mechanism for submitting a request to opt out.
Please see full publication below for more information.