Exporters must comply with the California Consumer Privacy Act (CCPA) if they collect personal information of California residents and meet certain thresholds, regardless of where they are located. This means that exporters outside the U.S. who handle personal data of Californians must ensure CCPA compliance if their business meets criteria such as having annual gross revenues over $25 million, handling data of 50,000 or more California residents, or deriving 50% or more of revenue from selling such data.
Key compliance considerations for exporters include:
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Applicability: CCPA has extraterritorial reach, so non-California businesses that collect personal information of California residents and meet thresholds must comply.
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Data processing contracts: Exporters acting as service providers or contractors must have written contracts with businesses that include CCPA-mandated terms, such as data processing instructions, confidentiality obligations, and compliance certifications.
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Data security and consumer rights: Exporters must implement data security measures to protect California residents' personal information and respect consumer rights such as access, deletion, and opt-out of sale.
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Cross-border data transfers: While CCPA itself does not regulate international data transfers, exporters should be aware of overlapping laws like GDPR or China’s PIPL that impose transfer restrictions and contractual requirements. CCPA’s contractual addendums for service providers can serve as a starting point for meeting these obligations.
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Risk assessment: Exporters should conduct thorough risk assessments to identify if they hold personal information of California residents and evaluate compliance needs early.
In summary, exporters handling personal data of California residents must evaluate their business against CCPA thresholds, implement required contractual and security measures, and respect consumer privacy rights to ensure compliance with U.S. data privacy laws like the CCPA.
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