CPRA

California Consumer Privacy Act / California Privacy Rights Act

Key Facts

Effective Date
January 1, 2023
Enacted
November 3, 2020
Enforcing Authority
California Privacy Protection Agency (CPPA); California Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
For-profit businesses: >$26.6M annual revenue OR 100,000+ CA consumers OR 50%+ revenue from selling/sharing PI

Overview

The CPRA (California Privacy Rights Act) is the most comprehensive US state privacy law and the only one with a dedicated enforcement agency, the California Privacy Protection Agency (CPPA). It defines cross-context behavioral advertising via cookies as "sharing" personal information, making cookie-based ad tracking subject to opt-out requirements.

What This Means for Your Website

  • A "Do Not Sell or Share My Personal Information" link must be prominently displayed
  • You must honor Global Privacy Control (GPC) signals as valid opt-out requests
  • Cross-context behavioral advertising via cookies triggers opt-out obligations
  • Consumers have rights to know, delete, correct, and port their personal information
  • Sensitive data requires opt-in consent or the right to limit use and disclosure
  • Under 16: opt-in consent required for sale/sharing. Under 13: verifiable parental consent
  • Data minimization limits collection to disclosed purposes

Key Requirements

The CPPA and California AG enforce the CPRA with penalties of $2,500 per unintentional and $7,500 per intentional violation. Consumer requests must be fulfilled within 45 days. There is no mandatory cure period. A limited private right of action exists for data breaches involving unencrypted PI ($100-$750 per consumer). Privacy risk assessments are required for high-risk processing.

How ConsentStack Handles This

ConsentStack automatically detects California visitors and shows a CPRA-compliant opt-out banner with a Do Not Sell or Share link. GPC signals are honored automatically, and consent preferences are recorded for audit compliance.

Penalties

$2,500 per unintentional violation / $7,500 per intentional violation.

Maximum Fine
$7,500 per violation

Key Requirements

  • Do Not Sell or Share My Personal Information link required
  • Honor Global Privacy Control (GPC) signals
  • Right to know, delete, correct, and port personal information
  • Data minimization: collection limited to disclosed purposes
  • Privacy risk assessments for high-risk processing
  • Service provider and contractor contractual requirements

Notable Provisions

  • Dedicated agency (CPPA), unique among US states
  • Cross-context behavioral advertising via cookies equals sharing
  • First US state law to require honoring GPC signals

Data Subject Rights

Delete your data45 days

Ask a business to delete personal information it collected from you, subject to the exceptions in Section 1798.105(d), and have it tell its service providers and contractors, and the third parties it sold or shared the data with unless that proves impossible or involves disproportionate effort, to delete it too.

Correct your data45 days

Ask a business that maintains inaccurate personal information about you to correct it, which the business must do using commercially reasonable efforts.

Know what data is collected45 days

Learn the categories of personal information a business collected, sold, shared or disclosed about you, the categories of sources, the business or commercial purpose, and the categories of third parties that received it.

Access your data45 days

Obtain, free of charge, the specific pieces of personal information a business has collected about you.

Opt out of sale

Direct a business that sells your personal information to third parties to stop selling it, including through an opt-out preference signal; under the CPPA regulations the business must comply as soon as feasibly possible and no later than 15 business days after the request.

Opt out of sharing for targeted advertising

Direct a business to stop sharing your personal information with third parties for cross-context behavioral advertising, whether or not money changes hands; under the CPPA regulations the business must comply as soon as feasibly possible and no later than 15 business days after the request.

Limit sensitive data use

Direct a business to limit its use and disclosure of your sensitive personal information to what is needed to provide the goods or services you requested and other permitted uses; under the CPPA regulations it must comply as soon as feasibly possible and no later than 15 business days after the request.

Non-discrimination

A business may not deny you goods or services, charge you different prices, or give you a different level or quality of service because you exercised your CCPA rights, though it may offer financial incentives reasonably related to the value of your data.

Revoke incentive or opt-out override consent

Revoke at any time your opt-in consent to a financial incentive program, and revoke consent you gave a business to ignore your opt-out preference signal as easily as you gave it.

Port your data45 days

Receive the personal information a business discloses in response to your request in a readily usable and, where technically feasible, machine-readable format that you can transmit to another entity without hindrance.

Use an authorized agent

Authorize another person, including through an opt-out preference signal, to opt out of sale or sharing and to limit use of your sensitive personal information on your behalf; the CPPA regulations also let an authorized agent submit requests to delete, correct or know.

Complain to the California Privacy Protection Agency

File a complaint with the California Privacy Protection Agency, which may investigate possible violations on a sworn complaint or on its own initiative.

US State Specifics

Private Right of Action
Yes
Global Opt-out Required
Yes
Sensitive Data Opt-in
Yes
Children Provisions
Under 16: opt-in required for sale/sharing. Under 13: verifiable parental consent required.

Other North America Regulations

CCPACalifornia, United States
The CCPA was the first comprehensive consumer privacy law in the United States, giving California residents the right to know what personal information businesses collect and to opt out of its sale. It established the opt-out consent model that most subsequent US state privacy laws adopted.
CIPACalifornia, United States
CIPA is a 1967 California chapter covering wiretapping, eavesdropping, and other privacy invasions, not a website-specific law. Since 2022, courts have applied two of its sections to website chat, analytics, and ad tools, and any visitor can sue directly for at least $5,000 per violation, no revenue threshold.
PIPEDACanada
Canada's federal private-sector privacy law based on 10 fair information principles. Requires express consent for sensitive data and implied consent for less sensitive data. OPC guidance addresses cookies and online behavioral advertising. The CPPA replacement bill died January 2025; a new bill is expected.
Quebec Law 25Quebec, Canada
Quebec's Law 25 is the strictest privacy law in Canada and the closest North American equivalent to the GDPR. Consent must be clear, free, informed and requested for each purpose, and any technology that identifies, locates or profiles a visitor has to be disclosed. Its privacy-by-default rule carves out browser cookie settings, but non-essential cookies still need consent first.
MODPAMaryland, United States
The most restrictive US state privacy law. Sensitive data may only be processed when strictly necessary to deliver a requested service, and sale of sensitive data is completely prohibited even with consent. Under-18 sale and targeted advertising are prohibited regardless of consent. Strictest data minimization in the US.
TDPSATexas, United States
The TDPSA is the broadest US state privacy law: no revenue thresholds and no minimum consumer data volume thresholds. Applies to any non-small-business processing personal data of Texas residents. Must honor GPC signals since January 2025. This breadth means far more businesses are captured than under any other state law.

Frequently Asked Questions

Stay compliant with CPRA

ConsentStack helps you implement Opt-out consent for California, United States automatically.