Under the CCPA, which opt-out links and methods must a news website that shares readers' data for targeted advertising provide?
answer
- a titled homepage link
- or one combined link
- two or more methods
- the browser signal counts
- no account, no verification
basics
~20 sUnder Civil Code 1798.135 and 11 CCR 7026, a 'Do Not Sell or Share My Personal Information' link or the 'Your Privacy Choices' alternative link, plus processing of opt-out preference signals, with no account or identity verification required.
solid answer
~50 sCivil Code `1798.135(a)` requires a clear and conspicuous homepage link titled **'Do Not Sell or Share My Personal Information'**, a **'Limit the Use of My Sensitive Personal Information'** link if sensitive data is used beyond the permitted purposes, or one link doing both. The CCPA regulations define that single link (11 CCR 7015): titled **'Your Privacy Choices'** or **'Your California Privacy Choices'**, with the opt-out icon, in the header or footer. Under 7026(a), a business collecting online must offer at least two methods, including processing **opt-out preference signals** plus a form behind the link or, if signals are processed frictionlessly, the privacy policy. The business may not require an account or a verifiable request, must stop selling or sharing within **15 business days**, must tell third parties that received the data in the meantime, and must wait **12 months** before asking the reader to opt back in.
go deeper
Recall the link title 'Do Not Sell or Share My Personal Information', its single-link alternative, and that opting out needs no account.
Explain the method rules in 11 CCR 7026: two or more methods including opt-out preference signals, no cookie-banner substitute, 15 business days to comply.
Show how the opt-out reaches the tag layer and third parties within the deadline, and how the 12-month wait and two-step opt-in are enforced.
Choose between links plus signals and frictionless signal processing without links, weighing offline sales and the cost of fully effectuating signals.
## The statutory links Under the CCPA as amended by the CPRA, Civil Code `1798.135(a)` applies to a business that sells or shares personal information, or uses sensitive personal information beyond the purposes in `1798.121(a)`. It must, in a form reasonably accessible to consumers: 1. Post a clear and conspicuous link on its homepages titled **'Do Not Sell or Share My Personal Information'**, leading to a page where a consumer, or someone they authorise, can opt out; 2. Post a link titled **'Limit the Use of My Sensitive Personal Information'**, if it uses sensitive personal information beyond the permitted purposes; or 3. At its discretion, use **a single clearly labelled link** that does both. `1798.135(d)` lets a business put the links on a separate homepage dedicated to California consumers, provided it takes reasonable steps to direct Californians there. ## The Alternative Opt-out Link The CCPA regulations (11 CCR 7015) specify the single link. It must: - be titled **'Your Privacy Choices'** or **'Your California Privacy Choices'**; - carry the prescribed **opt-out icon**, roughly the size of other header or footer icons; - sit in the **header or footer** of the homepage and be conspicuous; - lead to a page describing both the right to opt out of sale or sharing and the right to limit, with a form to exercise both. ## Methods, not just links 11 CCR 7026(a) requires **two or more designated methods**, at least one reflecting how the business primarily interacts with consumers. For a business collecting personal information online, the minimum is: - processing **opt-out preference signals**, and - at least one of: an interactive form behind the 'Do Not Sell or Share' link, the Alternative Opt-out Link, or the privacy policy, if the business processes signals in a frictionless manner. A **cookie banner or cookie controls** is not, by itself, an acceptable method, because cookies concern the collection of personal information, not its sale or sharing (7026(a)(4)). ## What the method may not demand | Rule | Source | |---|---| | No account creation, no information beyond what is necessary | `1798.135(c)(1)`, 7026(c) | | No verifiable consumer request; ask only for what is needed to apply the opt-out | 7026(d) | | Easy to execute, minimal steps, compliant with 11 CCR 7004 | 7026(b) | | Personal information from the opt-out request used only to comply with it | `1798.135(c)(6)` | | An authorised agent needs the consumer's signed permission, except for signals | 7026(j) | ## After the reader opts out 1. **Stop** selling and sharing as soon as feasibly possible and **no later than 15 business days** after receiving the request (7026(f)(1)). 2. **Notify** third parties to whom the personal information was sold or shared between the request and compliance, directing them to comply and forward the request (7026(f)(2)). 3. **Wait at least 12 months** before asking the consumer to consent to sale or sharing again (`1798.135(c)(4)`, 7026(k)). 4. If the reader later wants to opt back in, use a **two-step** opt-in: a clear request, then a separate confirmation (11 CCR 7028(a)). The business may show a confirmation such as 'Consumer Opted Out of Sale/Sharing' or a toggle (7026(g)), and may offer granular choices only if a single option to opt out of everything is also offered (7026(h)). ## The news-site answer A news site that shares readers' identifiers with ad-tech partners posts the 'Do Not Sell or Share' link or the 'Your Privacy Choices' link in its footer, processes opt-out preference signals, describes the right and the links in its privacy policy (`1798.135(c)(2)`), and wires the opt-out into the tag layer so that affected tags stop firing for that reader within the 15-business-day limit, and sooner where feasible.
- The site posts the 'Do Not Sell or Share' link. May it ignore opt-out preference signals?No. 11 CCR 7025(e) reads Civil Code 1798.135(b) as a choice between processing signals plus posting the links, or processing signals frictionlessly without the links. It is never a choice between the links and the signals: a business that posts the links must still process signals, though it may do so in a non-frictionless manner.
- Can the site require readers to log in before opting out?No. Civil Code 1798.135(c)(1) and 11 CCR 7026(c) forbid requiring an account or more information than is necessary, and 7026(d) forbids requiring a verifiable consumer request. The site may ask for information needed to apply the opt-out, but must act without it where it can.
saying these in an interview costs you the question
- Thinks a cookie banner by itself satisfies the opt-out requirement
- Requires readers to log in or verify identity before opting out
- Believes posting the link means opt-out preference signals can be ignored
- Asks opted-out readers to opt back in on their next visit
- Applies opt-outs only at the next quarterly ad-data sync