In Law360 Article, Akin Gump Class Actions Team Examines CCPA’s “Opt-Out” Provision for Sale of Personal Information

Law360 has published the article “What Will Calif. Privacy Law’s ‘Do Not Sell’ Button Look Like?” written by Akin Gump litigation partners Kathryn Deal, Seamus Duffy, Michael McTigue, Meredith Slawe and Michael Stortz. With the California Consumer Privacy Act (CCPA) set to take effect on January 1, 2020, the article examines the right of California residents to opt out of the sale of their personal information.

The authors write that the CCPA “expands the scope of personal data to include information that was never considered personal identifying information.” At the same time, it also “expands the concept of “sale” to include transfers and uses of data that are outside the scope of most legal or conventional definitions of that term.” While the term “sale” is not completely defined under the new law, businesses that do “sell” personal information to third parties, will be required to notify consumers “that information may be sold and provide a means to opt out of the sale.”

For a closer look at how businesses will notify consumers of the “sale” and how to provide a means of opting out, please click here to read the article in its entirety.

This is the latest article in a series by Akin Gump lawyers looking at the impact of the CCPA. For a look at the questions being raised regarding the right of access, please click here; for an examination of how businesses avoided a likely explosion in privacy class action claims, please click here.