As we approach the California Consumer Privacy Act’s (CCPA) effective date of January 1, 2020, brick-and-mortar businesses that increasingly engage with consumers online will have to begin their compliance efforts. However, two challenges unique to brick-and-mortar businesses might hamper these efforts: (1) providing required disclosures to consumers before or at the point of data collection; and (2) knowing your data in a multi-channel environment.
Finally, knowing your data is important because the emergence of social media and mobile devices has led to an expansion of multi-channel retailing. The brick-and-mortars of today are long past the times of just interacting with consumers in the physical world. Today, these businesses are finding ways to connect with consumers both offline and online. This multi-channel environment makes it difficult to know exactly what data you have in your repository. To avoid these challenges, a business must implement a robust system that will enable it to track the points of data collection, where the data resides and how it is used and shared outside of the company.
Overall, best practices for all businesses include giving consumers notice of their rights under the CCPA; keeping privacy policies, statements, procedures, and training current and accurate; sticking to principles of transparency and clarity; and keeping in mind both the online and offline marketing and data collection practices.
Summer Associate Clarissa Olivares contributed to this blog post.