TrustArc Blog

TRUSTe Helps Businesses Navigate the California Data Privacy Landscape

November 11, 2013

Joanne Furtsch, Director of Product Policy
@PrivacyGeek

The California Data Privacy Landscape Webinar

With the January 1 deadline looming, TRUSTe has launched an educational campaign to help businesses ensure compliance for California’s new online privacy tracking law – impacting any company collecting personal data about California consumers online activities, across multiple websites or online properties over time.  Earlier this year, we discussed the implications of AB 370, which is an amendment to the California Online Privacy Protection Action (CalOPPA). To help businesses understand their new legal obligations, TRUSTe is hosting a free educational webinar entitled “The California Privacy Landscape” on Tuesday, November 12, featuring Joanne McNabb, Director of Privacy Education and Policy, California Attorney General’s office.

The AB370 disclosure requirements are consistent with our longstanding approach of transparency and choice and TRUSTe is well informed about what’s needed for compliance. With the new law set to take effect in less than two months, we want to share our knowledge and expertise with businesses through this webinar. TRUSTe encourages all online companies that have California customers to join us and learn what they can do right now to ensure adherence.

California has led the charge regarding online privacy, first with the active enforcement of CalOPPA as it relates to mobile app privacy and the release of the “Privacy on the Go” recommendations for the mobile ecosystem from the Office of the Attorney General (Kamala D. Harris), California Department of Justice. The complex evolution in online privacy legislation is critically important as recent TRUSTe research shows that approximately 90% of consumers are concerned about their personal data, and it directly impacts businesses.

Signed into law September 27, 2013 and going in effect January 1, 2014, AB 370 amends the California Online Privacy Protection Act (CalOPPA), covering all websites and online services, including mobile apps. Businesses that collect personally identifiable information (PII)  about California consumers online activities across multiple websites or online services over time  – or allow another party to do so – must adhere to the law.

Specifically, AB 370 includes three new disclosure requirements to CalOPPA:

  • Third party collection or sharing disclosure – letting consumers know whether other parties collect data about their online activities through multiple websites or online services
  • DNT disclosure – explaining how businesses respond to DNT requests
  • Alternative to DNT disclosure – linking consumers to programs or protocols where consumers can exercise their preference, for example, TRUSTe’s DAA-approved Preference Manager.  The mechanism offered must describe the program and what it means when the consumer exercises their preference (e.g. opting out of having data collected for interest-based ads).

Come join the webinar entitled The California Data Privacy Landscape- The New Regulatory Updates that Impact Your Online Business” on Tuesday, November 12, 2013, at 11AM PST to learn more about how recent movements in national privacy legislation can potentially impact your business.

Dates to Remember:

  • CalOPPA AB 370 effective January 1, 2014
  • SB 46 Data Breach Notification effective January 1, 2014
  • SB 568 regulating the use of a minor’s data on social networks by website operators effective January 1, 2015