CCPA clause: Copy, customize, and use instantly

Introduction

A CCPA (California Consumer Privacy Act) clause ensures compliance with the CCPA, which provides California residents with rights regarding their personal data. The clause outlines the rights of consumers, the obligations of businesses regarding data collection, and how personal data is handled, processed, and protected according to CCPA regulations.

Below are templates for CCPA clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.

CCPA clause (general)

This version outlines general CCPA compliance obligations.

Both Parties acknowledge their obligations under the California Consumer Privacy Act (CCPA) concerning the collection, use, and sharing of personal data. The Parties agree to comply with all applicable provisions of the CCPA, including providing consumers with the right to access, delete, and opt out of the sale of their personal data. The Parties will implement measures to protect consumer privacy and ensure transparency in data processing practices.

CCPA clause (with data subject rights)

This clause addresses data subject rights under the CCPA.

The Parties agree to uphold the rights of consumers as outlined in the California Consumer Privacy Act (CCPA). Consumers have the right to request access to their personal data, request the deletion of their personal data, and opt out of the sale of their personal data. Both Parties will respond to such requests in a timely manner and ensure that consumers' rights are honored in compliance with the CCPA.

CCPA clause (with data protection obligations)

This version includes data protection obligations under the CCPA.

The Parties agree to implement appropriate technical and organizational measures to protect personal data processed under this Agreement. This includes ensuring that personal data is kept secure and confidential, preventing unauthorized access, and complying with the data protection principles set forth in the California Consumer Privacy Act (CCPA). Both Parties will take proactive steps to safeguard consumer data against any potential breach.

CCPA clause (with transparency in data collection)

This clause ensures transparency in data collection practices.

The Parties agree to disclose, as required by the California Consumer Privacy Act (CCPA), the categories of personal data being collected, the purposes for which the data is collected, and whether the data will be shared with any third parties. Both Parties will ensure that consumers are provided with clear, accessible information regarding their data collection practices and consumer rights under the CCPA.

CCPA clause (with consumer opt-out rights)

This version addresses consumer opt-out rights.

The Parties agree to provide consumers with the right to opt out of the sale of their personal data as required by the California Consumer Privacy Act (CCPA). The Parties will implement a clear and accessible method for consumers to exercise their right to opt out, and will honor any opt-out requests in accordance with the CCPA’s guidelines. Both Parties will ensure that consumer preferences are respected regarding data sales.

CCPA clause (with data retention and deletion)

This clause covers data retention and deletion practices.

The Parties agree that personal data will be retained only for as long as necessary to fulfill the purposes outlined in this Agreement and as permitted by the California Consumer Privacy Act (CCPA). Upon request by the consumer or when no longer needed for business purposes, personal data will be securely deleted or anonymized in accordance with the CCPA’s data retention and deletion requirements.

CCPA clause (with third-party data sharing restrictions)

This version limits third-party data sharing.

The Parties agree not to sell, rent, or share personal data with third parties for any purposes outside of the scope of this Agreement without the consumer's explicit consent, in compliance with the California Consumer Privacy Act (CCPA). Any sharing of personal data with third parties must be done in a transparent manner, and data subjects must be informed of such practices.

CCPA clause (with audit and compliance rights)

This clause provides audit and compliance rights for CCPA adherence.

The Parties agree to allow for periodic audits to assess compliance with the California Consumer Privacy Act (CCPA). Either Party may request an audit of the other Party’s data processing activities to ensure that personal data is being handled in accordance with the CCPA’s requirements. Both Parties will cooperate in these audits and take necessary corrective actions if any non-compliance is identified.

CCPA clause (with consumer request handling)

This version focuses on handling consumer requests.

The Parties agree to respond to consumer requests related to their personal data under the California Consumer Privacy Act (CCPA), including requests for data access, deletion, or opting out of the sale of personal data. Requests from consumers will be processed within the timeframes set forth by the CCPA, and both Parties will ensure that consumers are informed of their rights in a clear and timely manner.

CCPA clause (with provision for employee data)

This clause addresses the treatment of employee data.

The Parties agree that personal data collected from employees will be handled in accordance with the California Consumer Privacy Act (CCPA) where applicable. If employee personal data is subject to the CCPA, both Parties will ensure compliance with the law’s provisions, including employee rights to access, deletion, and the opt-out of the sale of their personal data. Both Parties will maintain transparency regarding the collection and use of employee data.

This clause ensures data subject notice and consent under the CCPA.

The Parties agree to provide clear notice to consumers at or before the point of collection about the categories of personal data being collected, the purposes for which the data will be used, and their rights under the California Consumer Privacy Act (CCPA). The Parties will ensure that consumers provide informed consent, where applicable, before any personal data is collected, used, or shared.

CCPA clause (with consumer rights to non-discrimination)

This version ensures non-discrimination in exercising rights.

The Parties agree that consumers will not face discrimination for exercising their rights under the California Consumer Privacy Act (CCPA), including the right to access, delete, or opt-out of the sale of their personal data. Consumers who exercise their rights will not be denied goods or services, charged different prices, or provided a different level of service, in accordance with the CCPA’s non-discrimination provisions.

CCPA clause (with data security and breach notification)

This clause addresses data security and breach notification.

The Parties agree to implement appropriate security measures to protect personal data processed under this Agreement, in accordance with the California Consumer Privacy Act (CCPA). In the event of a data breach affecting personal data, the Parties will promptly notify affected consumers and relevant authorities within the timeframes set forth by the CCPA. The Parties will take corrective actions to mitigate any harm caused by the breach.

CCPA clause (with third-party data processor obligations)

This version covers third-party processor obligations under the CCPA.

The Parties agree that any third-party data processors used in processing personal data will comply with the California Consumer Privacy Act (CCPA) and must be contractually bound to provide the same level of data protection. The Parties will ensure that third-party processors are instructed to use personal data solely for the purposes specified in this Agreement and are prohibited from selling or otherwise transferring personal data without proper consent.

CCPA clause (with provision for consumer request verification)

This clause addresses verification of consumer requests.

The Parties agree to verify the identity of consumers making requests related to their personal data under the California Consumer Privacy Act (CCPA), such as requests for data access, deletion, or opt-out of the sale of personal data. The Parties will implement reasonable verification methods to ensure that requests are made by the data subject or their authorized representative before fulfilling the request.

CCPA clause (with data transfer between parties)

This version addresses data transfer between parties under the CCPA.

The Parties agree that any personal data transferred between them will be done in compliance with the California Consumer Privacy Act (CCPA). Both Parties will ensure that the transfer is necessary for the performance of this Agreement and will implement adequate safeguards to protect personal data during the transfer. Both Parties will notify consumers if their personal data is transferred between them for the purposes of this Agreement.

CCPA clause (with notice of consumer’s right to delete personal data)

This clause provides notice of the right to delete personal data.

The Parties agree to notify consumers of their right to request the deletion of their personal data under the California Consumer Privacy Act (CCPA). Both Parties will provide clear instructions on how consumers can request the deletion of their data, and the Parties will comply with such requests within the statutory period, ensuring that personal data is deleted securely in accordance with the CCPA.

CCPA clause (with provision for data subject’s right to know)

This version addresses the data subject's right to know.

The Parties agree that consumers have the right to request information about the personal data collected from them, the purposes for which the data is used, and the categories of third parties with whom the data is shared, as outlined in the California Consumer Privacy Act (CCPA). The Parties will respond to consumer requests within the statutory time frame and provide accurate, comprehensive information regarding the data collected.

CCPA clause (with data subject’s right to access)

This version addresses the data subject's right to access their personal data.

The Parties agree that consumers have the right to request access to their personal data collected and processed under the California Consumer Privacy Act (CCPA). The Parties will provide consumers with a copy of the personal data held about them, along with information about the categories of data collected, the purposes for which the data is used, and any third parties with whom the data is shared.

CCPA clause (with obligation to maintain records of consumer requests)

This clause requires the maintenance of records of consumer requests.

The Parties agree to maintain records of all consumer requests made under the California Consumer Privacy Act (CCPA), including requests for data access, deletion, and opt-out of the sale of personal data. These records will be kept for [X] years to demonstrate compliance with CCPA requirements and to facilitate responses to any future inquiries or regulatory audits.

CCPA clause (with requirement to provide notice of privacy practices)

This version ensures notice of privacy practices is provided to consumers.

The Parties agree to provide a clear and accessible notice of privacy practices to consumers at or before the point of data collection. The notice will explain how personal data will be used, the consumer’s rights under the California Consumer Privacy Act (CCPA), and how consumers can exercise their rights to access, delete, or opt-out of the sale of their personal data.

CCPA clause (with third-party sales opt-out)

This clause addresses third-party sales opt-out under the CCPA.

The Parties agree that consumers have the right to opt out of the sale of their personal data to third parties under the California Consumer Privacy Act (CCPA). Both Parties will provide an easy-to-use method for consumers to exercise this right, and any third-party sales of personal data will be discontinued once the opt-out request is made.

CCPA clause (with data retention period)

This version sets a data retention period for personal data.

The Parties agree to retain personal data only for as long as necessary to fulfill the purposes for which it was collected, in compliance with the California Consumer Privacy Act (CCPA). Once the personal data is no longer needed for the specified purposes, it will be securely deleted or anonymized, in accordance with the CCPA’s retention guidelines.

CCPA clause (with provision for consumer's right to delete)

This clause addresses the right of consumers to delete their personal data.

The Parties agree that consumers have the right to request the deletion of their personal data under the California Consumer Privacy Act (CCPA). Upon receiving a valid request, the Parties will ensure that all personal data collected from the consumer is deleted from their systems, unless retention is required for legal or business purposes.

CCPA clause (with restrictions on selling personal data)

This version prohibits the sale of personal data without consumer consent.

The Parties agree that personal data will not be sold to third parties under the California Consumer Privacy Act (CCPA) without the express consent of the consumer. The Parties will ensure that any transfer or sale of personal data is done in accordance with consumer rights under the CCPA, including providing the consumer with a clear opt-out option.

CCPA clause (with requirements for providing a toll-free number for requests)

This clause specifies the provision of a toll-free number for CCPA requests.

The Parties agree to provide consumers with a toll-free number to submit requests under the California Consumer Privacy Act (CCPA). Consumers may use this number to request access to their personal data, request deletion, or opt out of the sale of their personal data. The Parties will ensure that the toll-free number is publicly accessible and easy to use.

CCPA clause (with provision for consumer's right to non-discrimination)

This version ensures no discrimination for exercising CCPA rights.

The Parties agree that consumers will not face discrimination for exercising their rights under the California Consumer Privacy Act (CCPA), including the right to access, delete, or opt out of the sale of their personal data. Consumers will not be offered different prices or services based on their decision to exercise any of these rights.

CCPA clause (with provision for tracking and reporting opt-out requests)

This clause addresses tracking and reporting opt-out requests.

The Parties agree to track and report all opt-out requests made under the California Consumer Privacy Act (CCPA). Both Parties will maintain records of the opt-out requests, the actions taken in response, and ensure that all opt-out requests are honored in a timely and accurate manner.

CCPA clause (with restriction on the use of sensitive personal data)

This clause restricts the use of sensitive personal data.

The Parties agree that sensitive personal data, as defined under the California Consumer Privacy Act (CCPA), will not be collected or used unless explicitly necessary for the purpose of this Agreement. The Parties will ensure that such data is handled with the utmost care, and only when the consumer has given explicit consent.

CCPA clause (with provision for notifying consumers about changes in privacy policy)

This version addresses changes in the privacy policy.

The Parties agree to notify consumers about any changes to their privacy policies that affect their personal data under the California Consumer Privacy Act (CCPA). Consumers will be informed of any material changes to data processing practices, and the Parties will provide a mechanism to notify consumers within [X] days of any updates to the privacy policy.

CCPA clause (with compliance with CCPA exemptions)

This clause specifies compliance with CCPA exemptions.

The Parties agree to comply with all applicable exemptions under the California Consumer Privacy Act (CCPA). If any personal data falls within the scope of an exemption under CCPA, such as for certain employee data or for data required to comply with legal obligations, the Parties will handle such data in accordance with the applicable exemption criteria.

CCPA clause (with consumer's right to request categories of data collected)

This clause addresses the consumer's right to request categories of data.

The Parties agree that consumers have the right, under the California Consumer Privacy Act (CCPA), to request the categories of personal data collected, the sources from which it was collected, and the purposes for which it was collected. The Parties will provide this information to consumers upon request and ensure transparency in data collection practices.

CCPA clause (with data subject's right to data portability)

This version includes the right to data portability.

The Parties agree that consumers have the right to receive their personal data in a structured, commonly used, and machine-readable format, as defined in the California Consumer Privacy Act (CCPA). Upon request, the Parties will facilitate the transfer of personal data to the consumer or another controller as per the CCPA’s data portability provisions.

CCPA clause (with third-party compliance obligation)

This clause addresses third-party compliance with CCPA.

The Parties agree that any third parties involved in processing personal data under this Agreement must comply with the California Consumer Privacy Act (CCPA). Both Parties will ensure that third-party vendors, service providers, or partners process personal data in accordance with CCPA obligations and will require third parties to sign data protection agreements outlining their compliance responsibilities.

CCPA clause (with right to request deletion of personal data by third parties)

This clause addresses the right to request deletion from third parties.

The Parties agree that upon the consumer's request, all third parties with whom personal data has been shared will be required to delete the consumer’s personal data in accordance with the California Consumer Privacy Act (CCPA). The Parties will take all reasonable steps to ensure that third parties comply with the consumer’s right to deletion.

CCPA clause (with provision for reporting consumer rights compliance)

This clause requires reporting of consumer rights compliance.

The Parties agree to track and report all consumer rights requests, including access, deletion, and opt-out requests, under the California Consumer Privacy Act (CCPA). Both Parties will document and provide periodic reports to ensure full compliance with the CCPA’s consumer rights provisions.

CCPA clause (with provision for consumer opt-out request verification)

This version addresses verification of consumer opt-out requests.

The Parties agree to verify the identity of any consumer requesting to opt-out of the sale of personal data under the California Consumer Privacy Act (CCPA). The Parties will implement verification procedures to ensure that only authorized consumers can exercise their opt-out rights, and verification will be conducted within the timeframe prescribed by the CCPA.

CCPA clause (with provision for consumer’s right to know about data sharing)

This clause addresses the right to know about data sharing.

The Parties agree to provide consumers with the right to know about the categories of personal data shared with third parties, as required by the California Consumer Privacy Act (CCPA). Consumers will be informed about the types of third parties with whom their data is shared, the purpose for sharing the data, and their rights to request further information.

CCPA clause (with provision for notification of data collection practices)

This clause ensures notification of data collection practices.

The Parties agree to notify consumers of their data collection practices at or before the point of collection, as required by the California Consumer Privacy Act (CCPA). The Parties will disclose the categories of personal data being collected, the purpose for which the data will be used, and any third parties with whom the data will be shared.

CCPA clause (with provision for opt-out request response time)

This clause sets the response time for opt-out requests.

The Parties agree to respond to consumer requests to opt out of the sale of their personal data under the California Consumer Privacy Act (CCPA) within [X] days. The Parties will ensure that the opt-out request is honored promptly and that consumers are notified of their decision within the specified time frame.

CCPA clause (with data breach response plan)

This version addresses a data breach response plan.

The Parties agree to implement a data breach response plan in accordance with the California Consumer Privacy Act (CCPA). In the event of a breach affecting personal data, the Parties will notify affected consumers and the appropriate regulatory authorities within the timeframes required by the CCPA. The Parties will take corrective actions to mitigate any harm caused by the breach.

CCPA clause (with requirement to update privacy notices)

This clause includes a requirement to update privacy notices.

The Parties agree to update their privacy notices whenever there is a change in the way personal data is collected, processed, or shared, as required by the California Consumer Privacy Act (CCPA). Any changes to the privacy policy will be communicated to consumers within [X] days of the update, and the updated notice will be accessible to all consumers.

CCPA clause (with provision for third-party opt-out)

This clause ensures third-party opt-out provisions.

The Parties agree to provide consumers with the ability to opt out of the sale of their personal data to third parties under the California Consumer Privacy Act (CCPA). The Parties will implement mechanisms to allow consumers to opt out easily, and any third parties involved in the sale of personal data will honor these opt-out requests in a timely manner.

CCPA clause (with restrictions on the sale of sensitive data)

This version restricts the sale of sensitive data.

The Parties agree that sensitive personal data, as defined by the California Consumer Privacy Act (CCPA), will not be sold or shared with third parties unless explicitly authorized by the consumer. Any sale or sharing of sensitive data must be based on clear consent, and the Parties will implement appropriate safeguards to protect this data from misuse.

CCPA clause (with third-party processing transparency)

This clause ensures third-party processing transparency.

The Parties agree to provide transparency about third-party processing of personal data, as required by the California Consumer Privacy Act (CCPA). The Parties will disclose to consumers the categories of third parties with whom their personal data is shared, and consumers will be informed of their rights to access, delete, or opt-out of the sale of their data.

CCPA clause (with data retention limits)

This version sets data retention limits.

The Parties agree that personal data will only be retained for as long as is necessary to fulfill the purposes outlined in the California Consumer Privacy Act (CCPA). After this period, the personal data will be securely deleted or anonymized, ensuring compliance with CCPA’s data retention requirements.

CCPA clause (with right to correction of personal data)

This clause addresses the right to correction of personal data.

The Parties agree to allow consumers to correct any inaccurate or incomplete personal data that has been collected under the California Consumer Privacy Act (CCPA). If a consumer requests to correct their data, the Parties will promptly update the information to ensure it is accurate and complete, in accordance with the CCPA.

CCPA clause (with provision for consumers to request data sharing information)

This clause allows consumers to request data sharing information.

The Parties agree that consumers have the right to request information about the categories of personal data shared with third parties under the California Consumer Privacy Act (CCPA). The Parties will respond to these requests promptly and provide consumers with details about the recipients of their personal data, the purposes for sharing the data, and how they can exercise their rights under the CCPA.

CCPA clause (with restriction on cross-border data transfers)

This clause addresses restrictions on cross-border data transfers.

The Parties agree that personal data will not be transferred outside of the United States or the European Economic Area (EEA) unless it complies with the California Consumer Privacy Act (CCPA) and any applicable international data protection laws. Any such transfers will only occur if appropriate safeguards are in place to protect the data, such as the use of Standard Contractual Clauses (SCCs).

CCPA clause (with data subject’s right to request categories of data collected)

This version addresses the right of a consumer to request categories of data.

The Parties agree that consumers have the right to request the categories of personal data that have been collected from them under the California Consumer Privacy Act (CCPA). Upon receiving such a request, the Parties will promptly provide consumers with the specific categories of data collected and the purposes for which that data is being processed.

CCPA clause (with obligation to honor consumer requests)

This clause ensures the honoring of consumer requests.

The Parties agree to promptly honor all consumer requests made under the California Consumer Privacy Act (CCPA). This includes requests for access, deletion, and opting out of the sale of personal data. The Parties will ensure that all consumer requests are processed within the time limits prescribed by the CCPA and will inform the consumer of their rights.

CCPA clause (with consumer's right to request deletion of personal data)

This version emphasizes the consumer’s right to request deletion.

The Parties agree that consumers have the right to request the deletion of their personal data under the California Consumer Privacy Act (CCPA). Upon receiving a verified request, the Parties will delete the personal data from all records unless retention is required for legal or business purposes under the CCPA.

CCPA clause (with data access rights for California residents)

This clause addresses the access rights of California residents.

The Parties agree that California residents have the right to request access to the personal data collected from them under the California Consumer Privacy Act (CCPA). The Parties will provide consumers with information about the categories of personal data collected, the purposes for which it was used, and the third parties with whom it was shared.

CCPA clause (with prohibition on discriminatory practices)

This clause prohibits discriminatory practices related to CCPA rights.

The Parties agree that no consumer will be discriminated against for exercising their rights under the California Consumer Privacy Act (CCPA), including the right to access, delete, or opt out of the sale of their personal data. Consumers will not be denied goods or services or offered different prices based on the exercise of these rights.

CCPA clause (with requirement for consumer verification)

This version requires consumer verification for data requests.

The Parties agree that, before processing a consumer request under the California Consumer Privacy Act (CCPA), the consumer’s identity must be verified. Verification methods will include requesting sufficient information to confirm the consumer’s identity and ensuring that personal data is only disclosed to the rightful data subject.

CCPA clause (with limitations on the sale of personal data)

This clause limits the sale of personal data.

The Parties agree that personal data will not be sold to third parties unless required by the California Consumer Privacy Act (CCPA) and explicitly consented to by the consumer. Any data sharing will be done in accordance with the CCPA’s restrictions on the sale of personal data, and consumers will be informed about their right to opt out of such sales.

CCPA clause (with obligation to notify changes to privacy policy)

This clause addresses notifying consumers of privacy policy changes.

The Parties agree to notify consumers of any changes to their privacy policy that may affect the handling of personal data under the California Consumer Privacy Act (CCPA). The notification will include details about the changes and will be provided to consumers at least [X] days before the changes take effect.

CCPA clause (with data subject's right to opt-out of sale of data)

This clause emphasizes the right to opt-out of data sale.

The Parties agree to provide consumers with the ability to opt out of the sale of their personal data to third parties under the California Consumer Privacy Act (CCPA). The Parties will implement an accessible mechanism for consumers to exercise this right, and any sales of personal data will cease upon the consumer's request.

This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.