The California Consumer Privacy Act (“CCPA”), which goes into effect on January 1, imposes certain obligations on “3rd party” companies that are otherwise exempt from the law. This would include many brokers, regardless of their size or data use, if they have received data from a CCPA covered business. The law requires these “3rd party” companies to provide a consumer with explicit notice of their right to “opt-out” of the sale of their data that was received from the CCPA covered business before that data is sold or shared again by the 3rd party company. Additionally, the MLS model rules now require that all MLS participants or subscribers comply with the 3rd party CCPA notice requirements. 

To facilitate compliance with the consumer privacy law, a new C.A.R. form “California Consumer Privacy Act Advisory” (CCPA) has been created. It is bundled with the Agency Disclosure and should be provided to your clients at the same time as the Agency Disclosure.

C.A.R.’s Q&A entitled “The California Consumer Privacy Act” explains the obligations imposed upon 3rd party businesses and the use of the new form. See questions 27 through 32.