What is the difference between CCPA and CPRA?

The California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), are pioneering U.S. laws that significantly shape consumer data privacy rights. ‍

While CCPA introduced fundamental rights, CPRA expands these protections, especially around sensitive data, and establishes a dedicated enforcement agency, the California Privacy Protection Agency (CPPA).

Overview of CCPA and CPRA

Understanding the distinctions between CCPA and CPRA is crucial for maintaining compliance and building trust with consumers in California.

What is the key difference between CCPA and CPRA?

The key difference between CCPA and CPRA is that CPRA expands on CCPA by adding protections for "sensitive personal information," creating the California Privacy Protection Agency (CPPA) for enforcement, and including data "sharing" regulations for behavioral advertising, even without direct sales.

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Did CPRA replace CCPA?

The CPRA did not replace the CCPA but instead amends and strengthens it. Often called “CCPA 2.0,” the CPRA adds new consumer rights and creates the California Privacy Protection Agency (CPPA) to oversee enforcement.

The California Consumer Privacy Act (CCPA), enacted in 2018, was the first major data privacy law in the United States, marking a significant milestone for consumer rights. Effective January 1, 2020, the CCPA grants California consumers greater control over their personal data, allowing them to:

• Access information that companies have collected about them
• Delete their personal data upon request
• Opt out of the sale of their data to third parties
• Receive equal services and pricing, regardless of whether they exercise their privacy rights

The California Privacy Rights Act (CPRA), which voters passed in 2020, builds upon CCPA’s foundations, introducing more detailed protections. The CPRA became enforceable on July 1, 2023, with new provisions designed to address more granular aspects of consumer privacy.

Key additions under CPRA:

• Protection of sensitive personal information (e.g., Social Security numbers, biometric data, health data)
• Creation of the California Privacy Protection Agency (CPPA), a dedicated enforcement body
• Increased consumer rights, including the right to correct inaccurate data and limit the use of sensitive information

Together, these two laws represent a comprehensive framework for data privacy, driving nationwide and even global standards for how consumer data should be handled.

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Key differences: CCPA vs CPRA

Understanding the distinctions between CCPA and CPRA can help businesses navigate compliance more effectively. Below is an expanded comparison of the two regulations, highlighting how CPRA enhances and extends CCPA’s initial mandates.

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Who needs to comply with CCPA and CPRA?

Businesses must comply with CCPA and CPRA if they serve California residents and meet certain criteria, such as generating over $25 million in annual revenue, handling data for 100,000 or more consumers, or deriving 50% or more of annual revenue from selling or sharing personal data.

These laws apply to both in-state and out-of-state companies meeting these thresholds.

Read more:

• ‍‍Who does the CCPA apply to?
• What CCPA means for advertisers

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Enforcement under CPRA: Role of the CPPA

One of CPRA’s most significant changes is the establishment of the California Privacy Protection Agency (CPPA), a new agency dedicated to enforcing California’s privacy laws. Unlike the CCPA, which was enforced solely by the California Attorney General, CPRA grants CPPA the authority to audit businesses, impose fines, and address consumer complaints related to data privacy.

The CPPA’s expanded authority enables more proactive enforcement, particularly regarding high-risk data activities.

Just six months into 2020, more than 50 lawsuits invoked the CCPA—everything from a student data management software company that failed to safeguard student data, to a class-action lawsuit against Zoom for sharing millions of users’ personal information through third-party Facebook.

Impact of increased penalties and compliance requirements

The CPRA eliminates the 30-day “cure period” that was initially allowed under CCPA, making it more critical for businesses to stay compliant from the outset. The penalties for violating CPRA’s provisions are substantial, especially regarding the misuse of children’s data and sensitive personal information.

Businesses must now implement robust systems for data management, consent tracking, and security to meet the elevated standards and avoid potential fines.

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Benefits of CPRA for consumers

The CPRA is often seen as a natural progression of CCPA, addressing consumer demands for greater transparency and control. Key benefits for consumers include:

1. Enhanced transparency: Businesses must disclose details about data usage, especially concerning sensitive personal information.
2. Control over sensitive information: Consumers can restrict how their sensitive data is shared, ensuring greater privacy for highly personal data types.
3. Expanded right to rectification: CPRA gives consumers the right to correct inaccurate data, a new addition compared to CCPA.
4. Opt-out of data “sharing”: The regulation extends beyond data sales to encompass sharing, targeting companies that use personal data for advertising and profiling without explicit consumer consent.

Practical steps for CCPA and CPRA compliance

Compliance checklist for CCPA

To ensure compliance with CCPA, consider the following best practices:

1. Publish a clear privacy policy: Clearly explain data collection, usage, and sharing practices. This policy should be easily accessible and regularly updated.
2. Create data access and deletion protocols: Enable consumers to request their data, receive a copy, and request deletion in a user-friendly format.
3. Offer opt-out mechanisms for data sales: Use a “Do Not Sell My Personal Information” link, as required by CCPA.
4. Verify consumer identities: Before fulfilling requests, verify consumer identities to ensure data is only accessible to authorized individuals.

Read more: CCPA compliance checklist

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“We needed to move from homegrown compliance to scalable, future-proof privacy tech. Ketch is a great solution for us. Today we’re complying with privacy regulations and respecting people’s privacy choices in every data system.”

Taylor Locke, Director of IT, Good Smile Company

Read the full case study: Good Smile Company achieves CCPA/CPRA readiness with Ketch

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Compliance checklist for CPRA

With CPRA’s enhanced requirements, businesses should also:

1. Limit sensitive data processing: Allow consumers to limit the use of sensitive personal information to necessary purposes.
2. Conduct data mapping: Keep a detailed inventory of all personal and sensitive data, including processing purposes, to stay compliant with CPRA’s requirements.
3. Implement data correction procedures: Develop systems for consumers to request corrections of inaccurate personal information.
4. Prepare for CPPA audits: Establish documentation that outlines data handling practices, consumer requests, and compliance measures.

Why CPRA matters beyond California

Although CCPA and CPRA apply only to California residents, their impact is nationwide. Many U.S. states have followed California’s lead, introducing or proposing similar privacy laws, including Virginia, Colorado, and Connecticut. For companies with customers across multiple states, adopting a proactive, adaptable compliance approach is vital.

Furthermore, many global businesses operating in California are also subject to the General Data Protection Regulation (GDPR) in the EU, which shares similar principles with CPRA. By preparing for CCPA and CPRA compliance, businesses can position themselves to meet future privacy regulations more efficiently.

Consumer trust and data Privacy

One of the most significant benefits of CPRA is the opportunity for businesses to enhance consumer trust. According to recent studies, consumers increasingly value data privacy and are more likely to engage with companies that prioritize their rights.

Compliance with privacy regulations like CPRA is not only a legal necessity but also a strategic advantage. Companies that transparently manage data privacy build stronger, more loyal customer relationships.

The future of privacy compliance: a look ahead

As privacy laws continue to evolve, the pressure on businesses to stay compliant will likely increase. Industryof privacy solutions will likely shift toward more advanced automation and intelligence to handle regulatory changes.

Future privacy platforms may integrate predictive tools that proactively adjust to evolving legislation, providing organizations with anticipatory compliance features. These capabilities will become crucial as more states enact privacy laws similar to CCPA and CPRA, making unified privacy platforms like Ketch increasingly valuable.

How businesses can achieve CCPA and CPRA compliance with Ketch

Navigating the complexities of CCPA and CPRA compliance requires a robust, adaptable data privacy platform. Ketch is a CCPA compliance software that offers advanced privacy management tools to help businesses comply with both CCPA and CPRA, providing features that simplify consumer data requests, data mapping, and real-time consent management.

Ketch’s key features for compliance:

1. Automated data mapping and classification: Ketch helps businesses identify and categorize sensitive personal information across internal and external systems, ensuring they meet CPRA’s stringent data processing requirements.
2. Consumer request fulfillment: The platform automates data subject request (DSR) workflows, simplifying the response process and ensuring prompt compliance with data access, deletion, and correction requests.
3. Comprehensive consent management: Ketch’s customizable consent banners allow companies to create “Do Not Sell or Share My Personal Information” links that comply with CPRA’s opt-out requirements.
4. Policy creation and management: With Ketch, businesses can use no-code templates to create jurisdiction-specific privacy policies, making it easy to adapt to regulatory updates.
5. Real-time data usage permissions: Ketch lets businesses assign specific data permissions, helping them ensure data is used in alignment with both CCPA and CPRA regulations.

By leveraging Ketch’s technology, businesses can confidently navigate California’s evolving privacy landscape while enhancing their reputation as privacy-conscious brands.

In conclusion, while CCPA and CPRA have set new standards for consumer data privacy, compliance platforms like Ketch make it possible to align with these regulations seamlessly. For businesses looking to strengthen their privacy practices and secure their reputation, understanding and implementing CCPA and CPRA requirements is an essential step forward in today’s digital world.

Reach out today to discover intuitive compliance tools that help your company stay up to speed with the latest legal requirements and guidelines. 

Go further: GDPR vs. CCPA/CPRA compliance: what's the difference?