Yes, as of January 1, 2023, businesses must comply with the California Privacy Rights Act (CPRA) regarding cookie consent.   

CPRA requires that businesses incorporate improved consent standards on their websites and mobile applications to protect consumer privacy rights.   

This guide will explain CPRA cookie consent requirements and how to check your website or application for compliance.   

It will also discuss the right to opt-out under CPRA and when a business must provide explicit user consent.   

With this guide, you’ll be able to ensure your business meets all the necessary CPRA regulations regarding cookies and consumer privacy protections.

   

What is Consent Under the CPRA?   

The CPRA outlines what constitutes consent and what doesn’t constitute consent.   

Consent is – 

• freely given,  
• specific,  
• informed, and  
• unambiguous indication; 
   

of an individual’s wishes by which they signify agreement to process their data.    

This means businesses must obtain explicit and informed consent from consumers before collecting or using their data.   

Under CPRA, certain specific actions cannot be considered as consent, such as:   

1. Consumers cannot provide general consent by agreeing to broad terms or accepting terms of use, including processing unrelated personal information.   

2. Consumer interactions such as hovering over, muting, pausing, or closing a given content will not constitute consent.   

3. Dark patterns cannot be used to manipulate or mislead consumers into providing their consent.  

By understanding CPRA’s regulations for cookie consent, you can help ensure your business remains CPRA compliant and protect the privacy of your customers.    

Does the CPRA Require Consent for the Cookie Use?  

The CPRA does not require consent for the use of cookies unless those cookies relate to personal information belonging to minors.    

However, CPRA’s consent opt-out framework applies to certain cookies.   

These include third-party cookies that track an individual’s browsing activity to serve targeted ads or track user preferences, as well as persistent cookies that can store personal information across multiple visits.   

Before CPRA, businesses must ensure they are CPRA compliant and check that their cookie systems meet CPRA standards.   

This includes giving users transparent notice of using cookies and a link to an opt-out form or website.    

Additionally, CPRA requires businesses to provide users with the right to opt out of any cookies that are not necessary for a particular service.    

Furthermore, CPRA stipulates that explicit consent is required in certain circumstances, such as when cookies relate to minors or sensitive personal information.    

CPRA Cookie Consent Requirements  

Give consumers the option to choose not to have their personal information sold or shared and to restrict the use of their sensitive personal info by providing clear, visible links.  

“Do Not Sell or Share my personal information,” and;   

“Limit the use of my sensitive personal information.”  

It is also acceptable if a single, adequately labeled link allows a consumer to accomplish both.   

Does the CPRA require opt-in consent for the use of cookies? 

The CPRA does require explicit opt-in consent for using cookies when it relates to personal information belonging to minors.   

A minor is defined as a consumer who is less than 16 years of age.    

When a business knows the consumer is under 16, it must not sell or share its personal information without explicit opt-in consent.    

This means businesses must obtain opt-in consent from consumers where the consumer is at least 13 years of age and less than 16 years of age and consent from the parents of minors younger than 13 years old.    

Cookie Policy Under the CPRA 

To ensure CPRA compliance, businesses must provide users with a CPRA-compliant cookie policy.   

The following is a list of the elements that should be included in such a policy:   

1. Categories of cookies used and their purpose   

2. Details on essential cookies, their purposes, and that they will always be activated   

3. Categories of any sensitive personal information collected via cookies and their purposes   

4. Expiration dates for all cookies   

5. Categories of third parties to whom personal data via cookies is sold/disclosed along with the purpose for such sale or disclosure/list of data processors   

6. Explicit opt-in consent requirement when collecting personal information from minors   

How CPRA Connects with Data Privacy Regulation Trends Across the United States  

The CPRA is part of a broader trend in data privacy regulation in the United States.   

California’s CPRA follows in the footsteps of other states, such as Virginia, Washington, and Nevada, that have implemented privacy laws to protect consumer data from misuse or abuse.   

These types of laws are gaining traction across the US as more states and municipalities look to tighten up their regulations on how companies use and share consumer data.    

As more states implement these laws, businesses must maintain CPRA compliance by implementing a clear and acceptable consent management policy.   

Businesses must also ensure customers a safe experience when managing their data online.    

How CPRA Connects with Data Privacy Regulation Trends Globally  

The CPRA is part of a more significant global trend of data privacy regulation.   

Businesses are being asked to be more proactive in protecting consumer data and ensuring privacy.    

For example, the EU’s General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) have established regulations to protect consumer data from misuse or abuse.    

Privacy laws have now been adopted by other states and municipalities around the US, with CPRA being the most recent addition to the growing list of privacy regulations.    

CPRA is notable for its focus on giving consumers more control over their information by requiring businesses to obtain explicit opt-in consent from minors.   

It also mandates that businesses must provide CPRA-compliant cookie policies that outline categories of:   

• cookies used and their purpose,  
• details on essential cookies,  
• expiration dates for all cookies,  
• types of third parties who have access to consumer data through cookies,  
• And categories of any sensitive personal information collected via cookies and their purposes.  
   

As data privacy becomes an increasingly important issue globally, CPRA is one regulation among many that businesses must adhere to remain compliant and protect consumer privacy.    

CPRA’s implementation in California is an important step forward in establishing substantial consumer rights across the United States as it establishes a comprehensive set of protections for personal information.    

Additionally, CPRA’s focus on requiring less intrusive methods when obtaining consent will help ensure that consumers give informed consent when providing their data online.    

Global trends suggest that CPRA’s emphasis on increased protection of consumers’ personal information will continue to be adopted worldwide.  

As societies become more aware of the need for better protection against private data misuse or abuse, such as Data Privacy Laws and SaaS Platforms providing compliance will see massive growth in the coming years.   

Navigate the Privacy Landscape with PrivacyPillar Privacy-by-Design Solutions   

CPRA compliance is complex, but businesses must stay aware of current business landscape and ever-evolving data privacy regulations.    

Companies must protect themselves from fines or penalties by understanding CPRA’s requirements and leveraging automated privacy compliance tools.   

CPRA compliance ensures that companies give customers a safe experience when managing customers data.    

CPRA is an essential step in establishing substantial consumer rights across the US.  

Its focus on requiring less intrusive methods when obtaining consent should be embraced to help ensure that consumers are fully informed about how their data is used.    

Therefore, to avoid exhaustive privacy lawsuits, businesses must check their cookie compliance and make sure they understand CPRA.    

PrivacyPillar is an effective Privacy-by-Design platform ensuring compliance with CPRA regulations.    

Our cutting-edge tools enable enterprises to effortlessly achieve CPRA compliance through automated data discovery, improved data visibility, and building efficient consent and preferences framework.   

By utilizing PrivacyPillar’s Cookie Consent Banner Solution, companies can easily create cookie consent banners that adhere to legal requirements when collecting personal data for non-essential purposes on digital platforms.

Experience PrivacyPillar’s solutions by requesting a DEMO today and discover how we effortlessly mitigate your privacy risks and enable global data privacy compliance through all your business operations. 

Conclusion 

CPRA compliance is crucial for businesses that want to protect their customers’ privacy rights and avoid potential fines or reputational damages.    

By understanding CPRA’s regulations for cookie consent, you can ensure your business remains compliant by providing users with a clear and understandable cookie policy.   

The cookie policy should include elements such as categories of cookies used, the purpose of all cookies, ration dates, third parties the personal data will be sold/disclosed, and explicit opt-in consent requirement when collecting personal information from minors.    

You will also need to consider an automated cookie consent solution as the regulations are already in effect, starting January 1, 2023.    

Taking these steps now can help you save time and money in the future while also protecting your customer’s right to privacy.   

So, get started with CPRA compliance, mitigate compliance risks and build your business for success.