In today's world, where privacy is a big deal, laws like the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are changing how businesses send emails. These rules are all about making sure companies respect people's privacy when collecting, using, or sharing their information. In this article we talk about how to engage in email marketing while still being in compliance with the CCPA’s marketing rules, such as allowing people to submit a "Do Not Sell or Share My Personal Information" request.
CCPA, which stands for the California Consumer Privacy Act law, and CPRA, the California Privacy Rights Act law, refer to the governing consumer privacy law of the state of California. The first one, the CCPA, is the first version of the law, passed in 2020, while the CPRA is the 2.0 version, bringing several additions and changes. According to the Attorney General’s website, the CPRA amends the CCPA but does not create a new law. The two work together as one law, referred to as the CCPA. For the purpose of clarity we will refer to them as one law, the CCPA - CPRA, throughout this article.
These two are designed to protect the privacy of people living in California. They set rules for businesses on how they should deal with personal information. This includes information that can identify someone, like their name, address, or email.
CCPA - CPRA tells businesses how to handle personal information, like making sure people know what data is being collected and giving them control over it. One important part of these laws is letting people choose not to have their info sold or shared, which is a big deal for email marketing.
In essence the law promotes the following:
In simple terms, according to the text of the CCPA makes sure that businesses respect consumers’ privacy and give them control over their personal information. It helps ensure that consumers know what data is being collected about them and allows them to make choices about what happens with that data, in the form of consumer rights which entail a series of obligations for businesses, referred to as “controllers,” and penalties for violations.
As a business, it's crucial to understand and respect the privacy rights of individuals regarding their personal information. Here's a breakdown of these rights and what they mean for your business:
As a business handling personal information, it's imperative that you:
California’s privacy law endows residents with greater authority over their personal information, delineates explicit guidelines for businesses on managing this data, and establishes penalties to ensure that businesses take their responsibilities seriously. Failure to adhere to these stipulations can result in significant consequences:
In order to be in compliance with California’s email marketing laws, and comply with both the text of the CPRA (California Privacy Rights Act) law and the CCPA text of the law, your business must pay close attention to how they handle personal information. In simple language, here are some CCPA email marketing rules you should consider if your business is a covered entity under the CCPA:
By following these steps, your business can engage in email marketing in a way that respects people's privacy and complies with the CCPA - CPRA. This approach helps build trust with customers and avoids legal issues.
Email marketing compliance when it comes to the CCPA - CPRA privacy rules means your business has to follow a few key steps:
Following these simple guidelines, allows your business to send emails that not only comply with privacy laws like CCPA and CPRA but also build trust with your audience by showing them you respect and protect their privacy.
To follow the CCPA - CPRA there are special tools and technologies designed to help you. These tools can make it easier for you to follow the rules. For example, there are email services that help manage who agrees to receive your emails. This is important because these laws require you to get permission from people before you can send them marketing emails.
Also, there are tools that help you handle consumer requests from individuals who don't want their personal information sold or shared. These requests are part of what the laws cover, and it's essential to respect them to avoid breaking the law. Clym offers you such a tool, in the form of a Consent Management Platform (CMP) which allows you to display the “Do Not Sell or Share My Personal Data” link on your website and this is connected to our Compliance Widget where consumers can input the required details for request verification.
Once they have done this and submitted their request, Clym verifies for you the requests by sending a verification email to a consumer who submitted a request. All requests you receive in the “Data Subject Requests” section of the Clym platform are verified requests, where we ensure the email provided is valid and belongs to a requestor.
In addition, you have an overview of all the requests received, their status, as well as other relevant insights, all in one single place.
By using these tools, you can make sure you're following the law and still send out your marketing emails effectively. This means you can keep your business running smoothly without worrying about accidentally doing something wrong. These tools do a lot of the heavy lifting for you, managing permissions and privacy requests, so you can focus on other parts of your business.
Here is a checklist to facilitate compliance for your business with the California Consumer Privacy Act:
Following CCPA - CPRA means balancing smart email marketing with strict privacy practices. Understanding California's data privacy law and its guidelines is crucial for showing your customers and your users that you respect their privacy. Including options like "Do Not Sell or Share My Personal Information" in your emails and on your website is an important step in following the law and showing customers you care about their privacy.
Don’t waste any time, start today! Check your email marketing approach today in order to ensure that this is in line with the CCPA - CPRA, paying special attention to privacy options like "Do Not Sell or Share My Personal Information." The California privacy law can be an opportunity for your business to improve and make stronger connections with your audience.
Clym helps businesses to easily and seamlessly meet the requirements of and facilitates compliance with the text of the California Consumer Privacy Act (CCPA) law by offering a tool that streamlines the management of consumers’ data privacy. Our platform makes it simple for businesses to notify consumers about what personal information is being collected and why, at the time of collection.
Furthermore, Clym aids in verifying the identity of people making requests about their personal information, helping businesses prevent fraud while respecting consumer rights. We provide businesses with a way to keep track of consumer requests and responses to these. This means your business can comply with the law without hassle, avoid fines, and you can build trust with your customers by showing them that you take data protection seriously.
You can convince yourself and see Clym in action by booking a demo or reaching out to us to discuss your specific needs today.