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Jan 29th 2020

CCPA Penalties Are Still Going to Happen, Even if the Rules Aren't Final

On New Year’s Day, CCPA went into law and many major marketing firms are on high alert. Even though some of the new guidelines have been written into law, it doesn’t mean that they won’t be changing. This includes the penalties and fines that coincide with CCPA.

Although the law officially went into effect on January 1st, the state legislature is still finalizing rules and regulations. 

This doesn’t mean that list owners and marketers aren’t exempt from facing penalties and fines. The California Attorney General can still enforce prior violations retroactively.

The Gray Cloud Still Lingers

There’s still a lot of gray when it comes to CCPA, specifically for b2b marketers. Many law professionals suggest going the cautious route – if you possess the personal data of California consumers, it’s best to comply with the current rules. You can always reassess your plan after the rules become finalized.

Since CCPA was passed into law, there have been many comparisons between this act and the GDPR (General Data Protection Regulation)- the data privacy law that applies to European Union citizens. Many experts agree that the CCPA is not as strict as the GDPR, however, the repercussions can be significant for US companies that fail to comply under California law.

If you are a business and aren’t compliant, now’s the time to act. As a refresh, here’s the type of information the CCPA covers:

·        Phone numbers

·        Demographic information, including sex and gender identity

·        Marital Status

·        Race

·        Physical descriptions of consumers

·        Financial data, including insurance policies

·        Payment accounts and biometric data

If you are a consumer and want to know what data companies know about you, there are numerous tools you can use to identify what personal information companies can purchase.

My Data Privacy gives consumers the ability to see if their personal information is available for purchase through their own database search

Other companies, like the Digital Advertising Alliance (DAA) announced to marketers its tool that lets California residents opt out of marketing from brands, agencies, companies, list providers and more.

What CCPA Means for Marketing

Giving California residents this extra power doesn’t automatically mean your current marketing efforts will fail – you may just need to readjust your approach.

Instead of relying on tactics like ‘push marketing’ companies should shift their focus to creating experiences for consumers seeking out products and services. This means a stronger focus on content marketing and geo-targeted campaigns promoting ‘near me’ keywords and related content.

The major first step toward compliance is taking inventory. You should map out the types of consumer personal data you are currently collecting and maintaining. You also need to have a plan in place for how you are going to respond to consumers’ requests for this type of information.

Encourage your teams to be precautious about fraud. Be careful of other consumers who try to opt out of marketing on behalf of others, or who try to request personal information on behalf of other consumers.

Every company or business should map all data entry points. Determine all possible ways you collect data. 

Who are you getting data from? How are you using it? How are you disclosing it? The goal of the CCPA to ensure consumer data is protected, but that businesses are also aware of consumers’ rights to know who has their data and how they can access it. This also includes the right for consumers to request deletion or removal of their data. 

Related Content:

What is the California Consumer Privacy Act (CCPA)?

FAQ's about the CCPA

What do list owners know about me?