Yesterday, the California Attorney General (“AG”) proposed a fourth set of modifications to the California Consumer Privacy Act regulations. These modifications build on the third set of proposed regulations released by the AG in October, which we discussed here. Interested parties have until December 28 to submit comments in response.

The proposed modifications are the most recent chapter in a lengthy rulemaking process, in which we have seen significant variation over the mechanics of implementing the CCPA. The most recent proposed changes include:

  • Requiring businesses that sell personal information collected offline to inform consumers through an offline method of their right to opt out and instructions for exercising that right.
  • Creating an opt-out button, which may be used in addition to posting the notice of the right to opt out but not in lieu of that notice or a “Do Not Sell My Personal Information” link. If a business posts the “Do Not Sell My Personal Information” link and chooses to post the button as well, the opt-out button must appear to the left of the link (example below) and must link to the location to which the consumer is directed after clicking on the link.

  • Requiring a business’s methods for submitting requests to opt-out to be easy for consumers to execute and require minimal steps, and prohibiting businesses from using a method that is either designed with the purpose or has the substantial effect of subverting or impairing a consumer’s opt-out choice. The regulations contain examples of such prohibited methods.
  • Clarifying what businesses may require of authorized agents who are acting on behalf of consumers and of consumers who are choosing to use authorized agents.
  • Explaining that a business that is subject to either the regulations governing consumers under 13 years of age or those governing consumers between the ages of 13-15 must provide a description of its opt-in process in its privacy policy.

Notably, California will continue to engage in rulemaking procedures next year. The recently passed California Privacy Rights Act (also known as proposition 24) requires an extensive rulemaking process to address a number of topics, including the notices required by the act, the use of dark patterns in the context of consumers’ opt-out rights, and an authorized agent’s ability to exercise a consumer’s rights.