Applicability of Data Protection Law in California, USA

Number of Data Subjects

The California Consumer Privacy Act (CCPA) applies to businesses that collect, process, or share the personal information of 100,000 or more consumers or households in a calendar year [1]. This provision is outlined in CCPA Sec.1798.140 (d)(1)(B), which defines a business as an entity that meets certain thresholds, including the number of data subjects.

Definition of Personal Information

Personal information is defined in CCPA Sec.1798.140 (v) as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household [1]. This includes identifiers, characteristics of protected classifications, commercial information, biometric information, internet or other electronic network activity information, geolocation data, and inferences drawn from any of this information.

Thresholds for Applicability

To determine whether the CCPA applies to a business, the following thresholds must be met:

• The business must collect, process, or share the personal information of 100,000 or more consumers or households in a calendar year.
• The business must have annual gross revenues in excess of $25 million.
• The business must derive 50% or more of its annual revenues from selling or sharing consumers' personal information.

Conclusion

In conclusion, the CCPA applies to businesses that meet certain thresholds, including the number of data subjects, annual gross revenues, and the percentage of revenues derived from selling or sharing personal information. Understanding these thresholds is crucial for businesses to determine whether they are subject to the CCPA and must comply with its provisions.