What is ‘CalOPPA’?
The California Online Privacy Protection Act (CalOPPA) is a California law that requires operators of commercial websites and online services to display a privacy policy.
Cal. Bus. & Prof. Code Section 22575 et. sec.
Relationship with other laws: CalOPPA does not contain explicit exemptions. However, organizations are excepted from CalOPPA if they are subject to Federal laws that preempt state law. For example, commercial airlines subject to the federal Airline Deregulation Act (which preempts state law consumer protection claims against commercial airlines) have been found to be exempted from CalOPPA (See Case Study: Delta Airlines Inc)
Effective date: CalOPPA become operative on July 1, 2004.
See Cal. Bus. & Prof. Code Sec. 22579.
Who is subject to the CalOPPA (Territorial Scope)?
CalOPPA imposes obligations on ‘operators’ of commercial websites and online services within or outside California that collects information from consumers residing in California (see Cal. Bus. & Prof. Code Section 22575 (a)).
(1) ‘Operator’
‘Operator’ under CalOPPA means any person or entity that owns a Web site located on the Internet or an online service that collects and maintains PII from a consumer residing…
