Today I will discuss how CCPA law affects running a sweepstakes or contest. If you have considered running a sweepstakes or contest, you have probably heard of CCPA, but what is it exactly? CCPA is a new law in California that went into effect on January 1, 2020 that is designed to give Californians more control over their own data. If your promotion excludes California, this is not something you will need to worry about. If you plan to collect personal identifying information (PII) from people in California, you may be affected. More specifically, if you will need to be accountable if your business falls within the following parameters:
- Business possesses the personal data of more than 50,000 California residents, households, or devices per year
- Business earns at least $25 million in annual revenue
- Business earns more than 50% of annual revenue selling the personal data of California residents
A good summary of what is considered PII under CCPA can be found here.
So, what rights do consumers have under the CCPA? In short, California consumers now have the right to request access to or delete any personal information you have collected from them. The CCPA also allows California consumers to request that a business not sell their personal information to third parties. The full information can be found here.
Clearly CCPA is something to consider when running a sweepstakes or contest in California since collecting PII is part of that process. Below are steps to ensure you are running a legally compliant promotion:
Right to Notice
Your business must inform consumers at or before the point of collecting PII what categories of PII are going to be collected and for what purposes this information will be used.
Right to access
You will be required to provide users a way to request access to the data you have collected. Essentially you should provide them with an easy way to contact you to submit a request for access to this data. Keep in mind you should respond in a timely manner.
Right to request deletion of PII
Consumers in California have the right to request deletion of all PII that you have collected.
Right to Opt-Out
Consumers must have the ability to easily request to opt-out of receiving correspondence from you.
Protection of consumer privacy and data is increasingly becoming more important so we should expect other states to follow suit. Consider contacting Sync Marketing for your next sweepstakes or contest. We will we navigate you through all the up-to-the-minute legal changes that may affect your sweepstakes or contest. We also, pride ourselves on our secure platform and will ensure your consumers’ PII is protected. Contact Sync today.
Disclaimer: This is article is not intended to be legal advice but is provided as general information. To learn the full impact of the CCPA, please consult with a legal professional.