The Draft CCPA Regulations: 21 Potentially Significant Business Impacts

Alston & Bird
Contact

Our Privacy & Data Security Team summarizes the portions of California’s proposed regulations for the California Consumer Privacy Act (CCPA) that are likely of material interest to companies across industries and highlights potential practical issues companies may want to consider when deciding whether to provide the California attorney general with comments.

  • Privacy notices and the online privacy policy
  • Opt-out, do not sell, access, and deletion requests
  • Data use restrictions for service providers

On October 10, 2019, California Attorney General Xavier Becerra released Proposed Regulations (the “Regulations”) for the California Consumer Privacy Act (“CCPA”). These Regulations are intended to operationalize the CCPA and provide clarity to assist in the implementation of the law. The Regulations contain guidance on a number of CCPA topics of vital importance to companies, including notices, consumer requests, do not sell rules, and data-mediated financial incentive programs.

The CCPA enters into effect on January 1, 2020. The Regulations that the Attorney General has proposed will not become effective at that time. Instead, the Attorney General will hold four public hearings to address these regulations on December 2, 3, 4, and 5, 2019. The written comment period will then end on December 6, 2019. The CCPA requires the Attorney General to adopt initial regulations on or before July 1, 2020. Thus, the Regulations would presumably enter into force on or around July 1, 2020.

Still, companies should be aware that the Regulations could potentially be read as interpretations of the CCPA when it comes into effect on January 1, 2020. Thus, some of the issues discussed below could potentially have indirect effects before the July 2020 timeframe when they are slated to enter into force.

In this Advisory, we summarize the portions of the Regulations that are likely of material interest to companies across industries. Issues are arranged by topic: (a) privacy notices and the online privacy policy, (b) opt-outs / do not sell requests, (c) rights requests generally, (d) access requests, (e) deletion requests, (f) service providers - data use restrictions.

Privacy Notices and the Online Privacy Policy

1. The need for just-in-time notices beyond the online Privacy Policy.

The Regulations distinguish between two types of notice in the CCPA:

  • First, Section 1798.100(b) of the CCPA requires a “notice” to be provided “at or before the point of collection.” (For convenience, we refer to this as the “100(b) Notice”.)
  • Second, Section 1798.130(a)(5) of the CCPA requires a comprehensive privacy policy to be posted on a business’s website. (Here, we describe this as the “online Privacy Policy.”)

The Regulations present a position that may come as a surprise to some companies: Simply having an online Privacy Policy posted on their websites is not sufficient to satisfy companies’ CCPA notice responsibilities. Instead, in addition to having an online Privacy Policy, companies must provide additional, just-in-time 100(b) Notices at every specific data collection point – or forgo collecting data there entirely. Additionally, data uses are limited to what is disclosed at the point of collection. In brief detail:

  • The “notify at each collection point, or do not collect data there” rule. The Regulations state that if a business “does not give [] notice at collection to the consumer at or before the collection of their personal information,” it “shall not collect personal information from the consumer.”[1]
  • The “uses are limited to what you notify at collection” rule. Under the Regulations, “a business shall not use a consumer’s personal information for any purpose other than those disclosed in the notice at collection.” Instead, any new uses require “explicit consent.”[2] (This provision of the Regulations resembles the “purpose limitation” principle of European data protection law, codified in Article 5(1)(b) GDPR.)

What needs to be in these point-of-collection notices? At the least:

  • The categories of data to be collected.
  • The business or commercial purposes for which data will be used.
  • If the business sells personal information, a “do not sell my info” link.
  • A link to the business’s online Privacy Policy.

Furthermore, these just-in-time 100(b) Notices must be “visible and accessible where consumers will see it before any personal information is collected”[3] – taking account of “smaller screens” where applicable.[4] They must also be “accessible to consumers with disabilities.”[5]

If the Regulations were to require just-in-time notices at every single point of data collection, this would raise a number of questions across industries. Retailers with brick-and-mortar stores will need to examine in-store data collection, including loyalty sign-ups, CCTV signage, and in-store traffic analytics. Point-of-sale devices also collect payment card data, potentially engaging the Regulation’s notice provisions. Call centers and customer-service interactions represent another area of potential focus.

It is also unclear whether websites could simply operate as they always have, with a link to their online Privacy Policy on the bottom of their pages – or whether a new “we collect your data”-style notice banner would be required “before any personal information is collected.” This also contributes to the discussion of whether cookie banners are now required, or at least advisable, to comply with CCPA notice requirements.

Operationally, this provision of the Regulations requires businesses to raise flags with their IT departments or IT vendors, start identifying data collection points, and start discussing what kind of notice builds may be necessary.

2. Nondiscrimination rights need to be in the online Privacy Policy.

As companies began drafting CCPA amendments to their privacy notices, some raised the question of whether the CCPA’s non-discrimination provisions constituted consumer “rights” that had to be explained in their online Privacy Policy. The Regulations now make it explicit that the Privacy Policy must “explain that the consumer has a right not to receive discriminatory treatment by the business for the exercise of the privacy rights.”[6]

3. Financial incentive programs need “financial incentive notices.” These notices need to include (a) “this is the value of your data” estimates, and (b) the methodology that was used to arrive at them.

When companies offer financial incentives, the Regulations require them to provide a specific “notice of financial incentive.” These notices must contain the following specific information about the incentive program:

  • A “good-faith estimate” of the “value of the consumer’s data that forms the basis for offering the financial incentive.”
  • “A description of the method the business used to calculate the value of the consumer’s data.”[7]

The Regulations also contain an exhaustive list of methods that businesses “shall” use to calculate the value of consumers’ data.[8] These include the “marginal value to the business” of consumer data;[9] “[r]evenue or profit generated by the business from sale” of consumer data;[10] and “[e]xpenses related to the sale” of consumer data.[11] We anticipate that this provision will receive extensive comments, since this modeling may be more complicated than it first appears, and difficult to defend if challenged.

This rule is likely of interest to any companies that operate loyalty programs. Also, online publishers who offer both paid subscriptions and ‘free’ (i.e., paid by advertising) modules may potentially need to consider these rules. Data-mediated financial and insurance products could also require review, such as pay-as-you-drive insurance, safe-driving discounts, and the like.

4. Larger companies have to track CCPA request metrics and disclose them in their online Privacy Policy.

Under the Regulations, any business that annually “buys, receives, sells, or shares” personal information of 4 million or more consumers would have to:

  • Track the number of access, deletion, and opt-out requests it receives annually and its median response times to those requests.
  • Disclose these statistics in its online Privacy Policy.[12]

It is unclear whether a business would only trigger this rule by processing personal information relating to 4 million California consumers, or if processing data of 4 million consumers from anywhere in the U.S. would be sufficient. If the latter, many companies could potentially have to start maintaining CCPA metrics. Companies of almost any size could be covered by this provision of the Regulations.

Of course, these statistics may be manageable for businesses that maintain a ticketing system for CCPA requests, so long as those systems are tracking CCPA requests by request type and recording time to closure.

5. When businesses do not collect personal information directly from consumers, they cannot sell it without either (a) documenting diligence in their data sourcing or (b) providing consumers with a notice of sale and an opt-out.

One of the trickier notice rules under the GDPR was Article 14, which requires that companies collecting personal information from sources other than the affected consumer have to provide privacy notices to those consumers. As the Regulations were being drafted, there was some discussion of whether they would adopt Article 14 GDPR’s approach to notice.

The Regulations did not do so. Instead, they expressly state that “[a] business that does not collect information directly from consumers does not need to provide a notice at collection.”[13]

At the same time, however, the Regulations restrict the onward sale of any personal information that businesses do not collect directly from consumers. Such personal information cannot be sold unless the business either:

  • Contacts its third-party data sources and “[o]btain[s] signed attestations from the [data] source describing how the source gave the notice at collection and including an example of the notice” – and make this notice available to the consumer upon request.
  • “Contact[s] the consumer directly to provide notice that the business sells personal information about the consumer,” while also notifying the consumer about his right to opt-out.[14]

This rule is likely to be of particular interest to data providers, who may need to adjust their data diligencing procedures to accommodate this rule. However, many other companies purchase data for marketing purposes in the normal course of their business, such as purchasing third-party audiences to power targeted display advertising or social media marketing campaigns.

It is unclear whether these activities would trigger heightened data-sourcing or consumer-notice requirements under the current draft of the Regulation. This could potentially be a concern, for example, to the extent providing audience segments to third-party advertising technology vendors is considered a “sale” of data under the CCPA. It is also unclear what needs to happen at a “second-level sale,” i.e., when a company buys data from a data broker who bought it from someone else. Would the company need to check only the data broker’s privacy notice and obtain only the broker’s signed attestation as to how data was collected, or go “through” the data broker and check the notices of parties that may have originally collected the data it is leasing, as well as the signed attestations the broker obtained describing how data was originally collected?

Rights Requests Generally

6. When rights requests are made, confirmation of receipt is mandatory.

Under the Regulations, when a business receives an access or deletion request, it would have to “confirm receipt of the request within 10 days and provide information about how the business will process the request” – including how the identity verification process works.[15] Many businesses were already building these kinds of automated confirmations as part of their CCPA implementation programs. The Regulations would make them mandatory.

7. Companies with significant brick-and-mortar consumer interactions (e.g., retailers) need to accept offline CCPA requests.

The Regulations contain a special rule for businesses that “operat[e] a website but primarily interac[t] with customers in person at a retail location.” Such businesses would have to offer in-store consumers “a form that can be submitted in person at the retail location” to make CCPA rights requests.[16] Similarly, businesses that “substantially interac[t] with consumers offline” must “also provide notice to the consumer by an offline method” that “facilitates consumer awareness of their right to opt-out.”[17] These rules require that companies with brick-and-mortar locations accept CCPA requests offline – and have appropriate forms ready at retail locations to facilitate them.

8. Businesses have to retain records of the CCPA rights requests they receive from consumers for 24 months.

The Regulations establish a 24-month retention requirement for records relating to CCPA rights requests.[18] Of course, subject to appropriate security, businesses could retain them for a longer period if they think such records may be relevant for litigation or compliance.

9. Businesses need a documented ID verification method, and it must follow a risk-adjusted security scale based on the data involved. Third-party tools and account logins are permitted, as long as they provide adequately secure ID verification.

One key CCPA topic is how companies verify the identity of individuals who submit CCPA requests. The Regulations require companies to “establish, document, and comply with” a “reasonable method for verifying that” the person making a CCPA request is “the consumer about whom the business has collected information.”[19] This ID verification method should be built as follows:

  • ID verification procedures must include a risk-adjusted scale. ID verification should be tailored to the “type, sensitivity, and value of the personal information collected” about the consumer.[20] If data is sensitive, is valuable, poses harm to the consumer if deleted, or is likely to be targeted by malicious actors, ID verification procedures must be more stringent.
  • Password-protected account logins are ok if they offer sufficient security: The Regulations permit companies to use logins to password-protected accounts to verify consumer identities, provided that the login provides the appropriate level of verification on the risk-adjusted scale outlined above.[21]
  • Third-party tools permitted: The Regulations also permit businesses to use third-party tools for ID verification.[22] Of course, these tools must provide appropriate authentication under the Regulations’ general risk-adjusted scale for ID verification.
  • Fraud prevention required: The Regulations require businesses to implement “reasonable security measures to detect fraudulent identity-verification activity.”[23]

10. All personnel who handle CCPA requests need CCPA training, as well as employees responsible for CCPA compliance.

The Regulations require businesses to “[e]stablish, document, and comply with a training policy” for CCPA training. Personnel must receive CCPA training if they (a) are responsible for handling CCPA consumer requests, or (b) are responsible for the business’s compliance with the CCPA.[24]

Many companies have already started developing CCPA training materials and training plans. This portion of the Regulations would require an express CCPA training policy, and documentation that the right portions of the organization have received their CCPA training.

Opt-Outs / “Do Not Sell My Data” Requests

11. Opt-out requests do not need to be “verifiable consumer requests.”

The CCPA requires access and deletion requests to be “verifiable consumer requests,” where businesses verify the ID of consumers prior to execution. For opt-out requests, however, the Regulations provide they “need not be a verifiable consumer request.”[25] It is unclear whether this means that opt-out requests must be executed even without proof of identity – the Regulations merely state that opt-out requests can be denied if companies have a “documented belief” that the opt-out request is “fraudulent.”[26] It seems apparent, however, that the Regulations envision a lower ID verification threshold for valid opt-out requests than for valid access or deletion requests.

12. Businesses have 15 days to execute a “Do Not Sell My Info” request.

The text of the CCPA itself does not contain a time limit in which opt-out/do-not-sell requests must be executed. This gave rise to questions about whether they had to be executed immediately upon receipt. The Regulation clarifies that opt-outs must be executed within 15 days of receipt.[27]

13. Do-Not-Sell requests need to be flowed down to all “purchasers” of the data from within the last 90 days.

The CCPA did not address whether businesses that receive opt-out requests must provide them to third parties that have received data relating to the consumer making the opt-out. This stood in contrast to Deletion requests, for example, which the CCPA expressly required to be flowed-down to service providers.

The Regulations attempt to address this issue. They require businesses that receive opt-outs to “notify all third parties” to whom they have sold the consumer’s personal information “within 90 days prior to the business’s receipt of the consumer’s” opt-out request. The business must further instruct these third parties “not to further sell the information.” Once this is done, the business must “notify the consumer” that third-party notification is complete.[28]

It is unclear how this rule is envisioned to work in practice. Opt-outs do not need to be “verifiable” consumer requests, so a business may not know the full identity of consumers who request opt-outs. Further, by CCPA definition, third parties that receive “sales” of consumer data are not “service providers” subject to the instructions of the business. It is therefore unclear whether “instructions” that the business issues to these third parties must be followed – and what the consequences are for the business if they are not.

14. Do Not Track is back … as a Do-Not-Sell request?

The Regulations require businesses that collect personal information online to “treat user-enabled privacy controls” – such as “a browser plugin or privacy setting or other mechanism that communicate or signal the consumer’s choice to opt-out of the sale of their personal information” – as “a valid [opt-out] request.”[29]

This could potentially be read as stating that a browser’s Do Not Track setting should be treated in the same manner as a Do-Not-Sell / Opt-Out request, and executed accordingly by any company that has a website. If so, this rule could cause significant disruption. The law in force to date has not required any websites to respond to Do Not Track signals – nor are such signals uniform. Of course, this provision of the Regulations could also be read as encouraging the development of market-standard mechanisms for “signal[ing] the consumer’s choice to opt-out of the sale” of data.

Access Requests

15. Despite access requests, specific pieces of information can be withheld on security grounds.

Even if a consumer makes an access request, the Regulations would permit businesses to withhold pieces of personal information if they create a “substantial, articulable, and unreasonable” risk to the security of: (a) the personal information itself, (b) the consumer’s account with the business, or (c) the business’s systems or networks.[30] This is a potentially welcome clarification for businesses. Section 1798.150 of the CCPA arguably imposes a duty for businesses to implement “reasonable security,” and it would have been difficult to comply with this duty if access requests could be used to require businesses to disclose information that poses security risks.

16. Businesses can never disclose Social Security number, driver’s license number, government-issued ID number, financial account number, health insurance or medical ID numbers, account passwords, or security questions and answers.[31]

The Regulations contain a list of data fields that businesses cannot disclose to consumers “at any time,” even if the consumer has made an access request.

Deletion Requests

17. Deletion requests submitted online need a “double opt-in.”

The Regulations require companies that receive Deletion request to go back to the consumer, and obtain a second confirmation that the consumer wants her information deleted. In the Regulation’s words, a business “shall use a two-step process for online requests to delete”:

  • First, the consumer must “clearly submit the request to delete.”
  • Second, the consumer must “separately confirm that they want their personal information deleted.”[32]

This double-confirmation requirement cuts across industries, and would be another item for IT’s list of CCPA project builds. Although it is not required for deletion requests made “offline,” companies may be well advised to obtain a separate confirmation for offline deletion requests as well.

18. “Sorry, we can’t verify your ID” denials of deletion requests must be automatically converted into Do-Not-Sell requests.

If a business receives a consumer deletion request, it is permitted to deny the request if it cannot adequately verify the requestor’s identity. In such a case, the Regulations would nonetheless require the business to “instead treat the request as a request to opt-out of sale.”[33]

Implementing this provision could be difficult. For one, opt-out requests – unlike access and deletion requests – do not need to be ID-confirmed “verifiable consumer requests” (as discussed above). Thus, at least theoretically, a deletion request where ID verification fails could potentially be converted into an opt-out. Still, it is unclear how businesses would be able to take information about a person whose identity they cannot verify, and use it to stop “selling” that person’s data as defined under the CCPA. This could be particularly true in cases where, as GDPR practice has shown, requestors abandon their requests at an early stage.

19. Archived data is out-of-scope for deletion requests (unless the archives get restored into production).

The Regulation states that for personal information stored on “archived or backup systems,” businesses would be able to “delay compliance with the consumer’s request to delete … until the archived or backup system is next accessed or used.”[34] This would likely be a welcome clarification to many businesses, since backups or archives may not permit deletion of data as a technical matter.

20. When a business relies on a statutory exception to consumers’ deletion rights, it cannot use that data “for any other purpose than provided for by that exception.”

The CCPA permits consumers to request deletion of their data, but balances this with a number of exemptions businesses can rely on to retain data despite the consumer having made a deletion request.[35] The Regulations now propose that when businesses rely on CCPA exemptions to consumer deletion rights, they would only be permitted to use that data for the purpose specified in the relevant CCPA exemption.[36] For example, if a company were to refuse to delete transaction records on grounds that they were required for potential litigation, the company could only use those records for litigation.

This rule would put rights-response documentation at a premium. If companies can only use retained data for statutory-exemption purposes, companies would need to document all statutory exemptions that justify retaining consumer data. Additionally, this rule could potentially test the strength of data governance structures across organizations.

Service Providers – Data Use Restrictions

21. Service providers that pool customer data to perform their services would have regulatory challenges under the Regulation.

It is not uncommon for companies to develop one-to-many platforms that commonly service a number of customers. Under the GDPR, such companies often took the position of a “data processor,” and it can be expected that a number of them will take a position as a “service provider” under the CCPA. For some of these service providers, their services rely on pooling the data of their various customers to generate service models that benefit all customers.

The Regulations, in their current form, would make that kind of business model more difficult. They state that service providers “shall not use personal information received either from a person or entity it services … for the purpose of providing services to another person or entity.” The only exception to this rule is that customer data can be pooled to “detect data security incidents” or “protect against fraudulent or illegal activity,”[37] possibly in recognition of the fact that such services cannot be performed without pooling significant quantities of data to detect suspicious incidents.

It is difficult to determine in advance all industries potentially affected by this portion of the Regulations, or to determine who the primary target is. Platforms that offer their customers logically separated storage and complete data ownership may not face issues. But services that use cross-customer data to provide services would presumably be potentially affected.

Alston & Bird is closely following the development of the CCPA and its Regulations.


[1] Regulations § 999.305(a)(5).

[2] Regulations § 999.305(a)(3).

[3] Regulations § 999.305(a)(2)(e).

[4] Regulations § 999.305(a)(2)(b).

[5] Regulations § 999.305(a)(2)(d).

[6] Regulations § 999.308(b)(4).

[7] Regulations § 999.307(b)(5).

[8] See Regulations § 999.337(b).

[9] Regulations § 999.337(b)(1).

[10] Regulations § 999.337(b)(3).

[11] Regulations § 999.337(b)(5).

[12] Regulations § 999.317(g).

[13] Regulations § 999.305(d).

[14] Regulations § 999.305(d).

[15] Regulations § 999.313(a).

[16] Regulations § 999.312(c)(2).

[17] Regulations § 999.306(b)(2).

[18] Regulations § 999.317(b).

[19] Regulations § 999.323(a).

[20] Regulations § 999.323(b)(3)(a).

[21] Regulations § 999.324(a).

[22] Regulations § 999.323(b)(1).

[23] Regulations § 999.323(d).

[24] Regulations § 999.317(g)(3).

[25] Regulations § 999.315(h).

[26] Regulations § 999.315(h).

[27] Regulations § 999.315(e).

[28] Regulations § 999.315(f).

[29] Regulations § 999.315(c).

[30] Regulations § 999.313(c)(3).

[31] Regulations § 999.313(c)(4).

[32] Regulations § 999.312(d).

[33] Regulations § 999.313(d)(1).

[34] Regulations § 999.313(d)(3).

[35] See § 1798.105 CCPA.

[36] Regulations § 999.313(d)(6)(c).

[37] Regulations § 999.314(c).

Download PDF of Advisory

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Alston & Bird | Attorney Advertising

Written by:

Alston & Bird
Contact
more
less

Alston & Bird on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.