Throughout 2020, companies have been negotiating with their
business partners the issue of "selling" under CCPA. Is
the partner a service provider? A third party? Is there an exchange
of consideration? These issues will not likely go away in 2021,
especially as we turn to addressing the CCPA
modification, CPRA.
The final CCPA regulations
passed in August did not provide the type of clarity that
companies were hoping to receive, and that confusion may not
disappear in 2021. Indeed, how companies can address disclosures
about their possible sale of information is back on the regulatory
table, with new proposed modifications to the CCPA regulation. As we wrote, the new
proposed change (to the regulations, not CCPA itself), brings back
the concept of a website "button."
