New Disclosure Requirements for Websites

Effective January 1, 2014, a modification to a California law now requires any "operator of a website or online service that collects personally identifiable information" through the Internet on California residents to include new do-not-track disclosures in its privacy policy. California Business and Professions Code Section 22575 (as passed by California Assembly Bill No 370).

The new law requires an operator to disclose how it responds to "do not track" signals or other mechanisms that provide consumers a choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across different Web sites or online services. The law requires the operator to disclose whether other parties may collect personally identifiable information when a consumer uses the operator's Web site or service.

The law also requires an operator to disclose in its privacy policy whether, when a consumer uses the operator's website or service, other parties can collect personally identifiable information about a consumer's online activities "over time and across different Web sites."

As companies review their privacy practices they need to be aware of this law and make sure the necessary and legal disclosures are clearly provided.

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