Does a business need to post a “do not sell” link if it does not sell personal information?

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No.

The CCPA requires businesses that sell personal information to, among other things, explain that consumers have a “right to opt-out” of the sale,1 and provide a clear and conspicuous link on their homepage titled “Do Not Sell My Personal Information,” which takes the consumer to a mechanism that permits the exercise of the opt-out right.2  If a business does not sell personal information, and if the business affirmatively states that it does not sell personal information in its privacy notice, it is not required to provide a notice of [the] right to opt-out” or post the “Do Not Sell” link.3

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.

1.  CCPA Section 1798.120(b).

2. CCPA Section 1798.135(a)(1).

3. CCPA Reg. 999.306(d)(1).

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