CCPA Privacy FAQs: Does the CCPA require that a company allow consumers to opt-out (e.g., toggle off) essential cookies?

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No.

Some cookies perform essential functions for the operation of a website, like remembering which products you selected for purchase and placed into your shopping cart.  If those “essential” cookies are placed by a business directly (e.g., first-party essential cookies) the CCPA does not require that a business provide consumers the ability to turn them off.  If those essential cookies are placed by a third party on behalf of a business, so long as the third party is considered a “service provider” under the CCPA (i.e., the contract with the third party has use, disclosure and retention prohibitions), the CCPA also does not require that a business provide consumers the ability to turn them off.  The net result is that under the CCPA, businesses typically do not have to give consumers control over essential cookies.

For more information and resources about the CCPA visit http://www.CCPA-info.com. 


This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes.  You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.

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