Friday, January 11, 2019

California Consumer Privacy Act: The Challenge Ahead — Key Terms in the CCPA | HL Chronicle of Data Protection

California Consumer Privacy Act: The Challenge Ahead — Key Terms in the CCPA | HL Chronicle of Data Protection: "The law defines a “business” as a legal entity that collects consumers’ personal information, determines the purposes and means of processing consumers’ personal information, conducts business in the State of California, and satisfies one or more enumerated thresholds:



  • Earns annual gross revenues in excess of $25,000,000; 
  • Buys, receives for commercial purposes, sells, or shares for commercial purposes, the personal information of 50,000 or more consumers, households, or devices per year; or 
  • Derives 50 percent or more of its annual revenues from selling consumers’ personal information. 


The second threshold for a “business” is ambiguous. As we describe below, the CCPA’s definition of “consumer” is limited to California residents. However, the CCPA does not specify whether “households” or “devices” are similarly limited.