With Data Mapping, we gain a deep understanding of the 5 stages that every piece of data goes through within any department of a company, regardless of its size or industry. Again, my dear friend, you don't need to be a PhD in PMBOK or Project Management to understand these crucial stages! Data Mapping and Data Inventory have become one of the most essential tools for Data Protection Officers (DPOs)!

The market today has brought a lot of technology and quality to these processes! We have no complaints about that. But my goal here today is to teach you to see things in a simpler and more objective way, as they truly are – a straightforward arrangement of facts, and that will already help you. The map you build here is also what a [record of processing activities](https://goadopt.io/en/blog/ropa-for-lgpd/) is built from.

So, let's get started!

A basic concept that will guide your understanding from now on:

## **With the grouping of processes, we have a department.**

Therefore, each process can be organized in an order, or not, thus forming the routines of the departments.

Thus, for each process in your company, the following 5 points can be fulfilled in full or in part.

They are:

1. #### Motivation - Why do we need this data?

2. #### 2.1 – Consent.

3. #### Processing / Treatment

    #### 1 – Internal sharing among departments and systems.

    #### 3.2 – Storage for internal use and consultation.

    #### 3.3 – Backup.

4. #### Disposal

5. #### End of the process?

_And what do I do with these 5 points above?_

### **Fill them in and structure this logic in all your processes and consequently, departments.**

Yes, it's hard, I know!

But, it will be extremely valuable in case of a notification from the National Data Protection Authority (ANPD) or even before that, in case a customer or visitor to your website asks for access to the data you may have about them.

Of course, if you're a small business or have very few employees and processes, all of this can be summed up in 3 or 4 systems (email, marketing automation, some Google Drive, and accounting) because everything is stored in these places. Now, imagine a company with 500 employees in 10 cities.

Remember, according to LGPD, any data subject can knock on your door asking if you have any of their data, and you must respond promptly.

So, without the "treasure map," how will you know that [name@personalemail.com](mailto:name@personalemail.com) subscribed to the Newsletter, made a purchase 3 months ago, and was your employee 5 years ago?

In the above example, you would have to report to that person that you have data such as:

\- Name, Email, CPF, Phone, Address, Work Permit, Parentage (HR data), and sharing with Google and Facebook.

For the following reasons:  
1- Hiring in the past, so labor legislation obliges you to keep this data in your accounting for X years. In other words, even if he requests deletion, you can deny it, due to another legislation.

2 - Purchase of products X, Y, Z 3 months ago.  
This also generated registration in the newsletter (with the famous "I accept to receive promotions"). From the newsletter, you have him on the mailing list for new products and updates from your e-commerce, and all remarketing tools are connected, pursuing him daily across the internet, every time he visits to see your products.

Therefore, he can freely request the deletion of all his data for marketing purposes. This will lead to a series of actions. These include:

\- Deleting the email and other data in the CRM and email delivery tool.  
\- Distributing the Opt-out request to any systems you are integrated with that use this data. (logistics and ERP systems, for example)  
\- Removing him from the Google and Facebook remarketing segment.  
\- Reporting in an official company document that the above steps were promptly completed.

(For AdOpt clients, when integrated with Tag Manager, the cookie part becomes much easier! Because when a visitor does not authorize some of them, AdOpt automatically blocks this firing!  

[Here's a tutorial for you!](https://goadopt.io/en/support/essential-steps/tag-blocking/manual-blocking-of-third-party-tags/)

Additionally, a visitor's request on the opt-out page sends an email to you immediately, with this request linking the requester's email to the Cookie ID generated in the Opt-In.

So, you can start this search with greater direction if the requester has given consent to any tools and when.

Do you understand now the importance of mapping your company's processes?

Only with all this in hand will you have peace of mind and, more importantly, ease of accessing all this data promptly. For some companies, around 48 to 72 hours (a reasonable response time...) is more than enough, for others, it's practically impossible.

Whether you or your hired DPO, we can't stop the company for every request from a visitor. With Data Mapping in hand, this search is much faster, targeted, and, I dare say, automated, if you use software just for that.

Here's a more detailed breakdown of each of the points in Data Mapping:

1. **Motivation - Why do we need this data?**

If LGPD hasn't already prompted you and your company to reflect on the real need for personal data in your business, stop and do it as soon as possible.

    Yes! Often, especially in Marketing and Sales, there's a compulsion for qualification and identification information about prospects and leads for each stage of the funnel. It's great to pick up the phone and close the final details of a sale or surprise an undecided customer and convince them of the value of your business.

    But the point I emphasize is: Reconsider the real needs of accessing, processing, and storing this data. You don't necessarily need to have an Excel sheet with thousands of lines of your inactive customers from 5 years ago, hoping to rekindle this dead list one day. In light of LGPD, your risk has already been measured; is it worth it?

    [In this article, I present 10 marketing processes that you should rethink in light of LGPD!](https://goadopt.io/en/blog/10-risky-processes-in-your-marketing/)

2. **Collection**.  
    What are the ways in which each process collects/receives your data, along with your consent? Do all data enter the company through a single entry point, or more than one?

    List them all and review whether each entry point displays the necessary policy and process communications, and whether consents from each data subject are also collected alongside the data. Even if in an analog/offline manner, consent is essential.  
    1 – Consent.  
    Yes, consent is essential, but it's not the only instrument that allows you to access or process personal data.

    In this [article, we list all the legal bases](https://goadopt.io/en/blog/legal-bases-of-lgpd/) that support the use of personal data according to LGPD.

3. **Processing / Treatment**  
    1 – Internal sharing among departments and systems.  

    - Are third-party software used for data processing?  
    - How do data flow between them?  
    - Is the software aligned with your process and privacy policy?  
    - If a data subject requests the deletion of their personal data from your company, how do you notify this external or internal supplier to process the deletion?

    - Is there any documentation or search tool to assist the DPO in case of scanning, making it easy to locate data of a data subject in the department?

    3.2 – Storage for internal use and consultation.

    - During the processes where data is stored?  
    - For how long?  
    - Files, physical hard drives, or in the cloud?  
    - Is this cloud in the national or international territory?  
    - Who will be responsible for deleting or querying the database in case of a request?

    - Is there any documentation or search tool to assist the DPO in case of scanning, making it easy to locate data of a data subject in the department?

    3.3 – Backup.  

    - What is the frequency and rules for backup?  
    - Files, physical hard drives, or in the cloud?  
    - Is this cloud in the national or international territory?  
    - Who will be responsible for deleting or querying the database in case of a request?

    - Is there any documentation or search tool to assist the DPO in case of scanning, making it easy to locate data of a data subject in the department?

4. **Disposal**  
    Although greatly facilitated for digital files, this stage of the process is quite serious. Many files remain in the "trash" and are not properly deleted.  
    For physical files, this problem is even greater when disposal is done poorly or neglected.  
    Understand this process and, especially if there are third parties involved in the stage, include them in your monitoring of third parties potentially involved.

5. **End of the process?**  
    Is the end of the process indeed the end of the data's journey in the company, or is it just the beginning of another?

Certainly, at first glance, all these questions and concerns may seem excessive. But believe me, these are just some of the questions you would/have to answer if you hire a consulting and compliance service.

Or, in a scenario not as informal as this text, a visit from the ANPD.

I hope I have helped you gain a better understanding of how these stages are essential in a DPO's routine.  
With Data Mapping, we certainly have the foundation for creating a more robust [privacy policy](https://goadopt.io/en/blog/what-is-a-privacy-policy/).

Did you miss any items or descriptions?  
Send them our way; we are open to improvements, always! - You can send them to hey@goadopt.io

A recommended further reading to delve deeper into the subject is:

[The differences between Data Controller and Data Processor.](https://goadopt.io/en/blog/differences-data-controller-data-processor/)

## Continue learning about data mapping

The next step after mapping is the [record of processing activities (ROPA)](https://goadopt.io/en/blog/ropa-for-lgpd/).


Data Mapping or Data Inventory - a life jacket for the DPO!

João Bruno Soares

How do you deal with a profession that didn't even exist a few years ago and is now mandatory in companies? That's precisely the question that arises when we think of the [Data Protection Officer or DPO](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/).

This term, as well as the professional behind it, emerged with the enactment of privacy laws, in Brazil, the [General Data Protection Law - LGPD.](https://goadopt.io/en/blog/lgpd-general-data-protection-law/) This law was enacted in 2018 and only came into effect in 2020. According to the law, they are responsible for ensuring the correct treatment of data that the company may use, which belongs to third parties.

And this responsibility assigned by the law to the professional figure of the Data Protection Officer may lead to the assumption that they are the sole and exclusive responsible party for the care that applies to such data. Is that the case? Is the job of the Data Protection Officer solitary or should it be a team effort? Find out all of this in the following sections.

## Data Protection Officer and Their Responsibilities

You know those lists where we see "future professions"? Well, if we considered 2021 as the future, the figure of the Data Protection Officer would be on that list because, in professional terms, it's one of the newest and most modern roles in the market.

After all, this position didn't even exist before LGPD or GDPR. The law created a new profession. This happened the moment the General Data Protection Law explicitly established the existence of this figure. At the same time, it laid out all of their responsibilities.

The Data Protection Officer or DPO (_Data Protection Officer_) is precisely a figure who must control and manage data processing - in other words, their use - in the day-to-day operations of the company.

Thus, they are responsible for ensuring that all processes, flows, and actions respect the limits supported by the Legal Basis that underpins the use of that data by the company. Therefore, in the event of an inquiry from ANPD to the company, they are the ones who must respond on behalf of the institution.

### Learn more about the Legal Bases of LGPD.

Among the responsibilities of the DPO that are clearly stated in LGPD are:

- Execute tasks determined by the Data Controller and within the limits of that determination (and, of course, the law);
- Handle complaints from data subjects;
- Provide explanations about the use of data to data subjects;
- Communicate with data subjects whenever necessary;
- Take the necessary steps to reflect changes in data use and collection due to changes in the data subject's consent;
- Guide other professionals who handle this data and instruct them regarding security measures and the limits of consent and the application of this information.

By responding to the guidelines of the [Data Controller](https://goadopt.io/en/blog/differences-data-controller-data-processor/), the DPO is not to be confused with this figure. While the controller refers to the one who defines the mode of treatment of information from its entry to its elimination, the Data Operator is the one who executes the process and ensures that it is strictly followed. When distinct, both the Controller and the Operator must have their respective DPOs.

### [Learn more about the responsibilities of the Data Protection Officer and how their work impacts companies in light of the General Data Protection Law](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/)

If building this team in-house is not an option, read whether [outsourcing the DPO (DPOaaS) is a good idea](https://goadopt.io/en/blog/outsource-dpo-dpoaas-lgpd/).

## All teamwork clichés become a reality in data treatment care as per LGPD.

There are several responsibilities that a DPO has within a company, as we've seen above. And this doesn't happen by chance, as data processing imposes specific limits and requires essential attention and care.

In this sense, it becomes clear that the Data Protection Officer accumulates a series of activities. But, no matter how well-equipped they are for their responsibilities and how up-to-date they are with the company's data processing activities, it's not enough.

_The isolated work of the DPO is something that is impossible to occur._

Or rather, it finds no possibilities of developing with the necessary quality and maintaining security against data leaks or improper use.

That's why when we talk about the work of the Data Protection Officer, we cannot understand that their activities are carried out in isolation or individually. The importance and number of responsibilities make their work a team effort.

To avoid any confusion, understand this: the DPO really is responsible for the issues involving data use. Thus, in the event of accidents or problems involving this information, they will be directly involved.

On the other hand, this does not mean that they should work alone. Quite the opposite! Ensuring that other employees and teams are involved in the care required by data processing due to LGPD is crucial.

The work of the Data Protection Officer is multidisciplinary. Legal, Technology, [Marketing](https://goadopt.io/en/blog/10-risky-processes-in-your-marketing/), Information Security, Process Management, Institutional Relations, etc. Since it's very difficult for one person to master all of these areas, the assistance of a support team is essential!

Only in this way is it possible to develop work in harmony, which takes place jointly to ensure the correct use of data. Therefore, don't isolate your DPO! Their work should take place close to other employees and with their assistance.

## Formation of a data security committee

One way to provide the Data Protection Officer with the support they need to carry out their activities successfully is to create a data security committee. It should be formed by various professionals representing the company's teams.

Moreover, they should represent the main interests involved when we are faced with data leaks or misuse. Therefore, it should have representatives from Human Resources, the Legal department, and Information Technology, at a minimum.

Likewise, they can include, regularly or in specific situations, representatives from the marketing team, as well as from the Communication, Sales, Finance departments...

With this, the DPO finds opportunities to jointly develop strategies, with each department's representatives helping with their implementation, as well as mapping the main problems that data processing encounters in various business processes.

Each representative acts as a direct extension of the DPO in their department(s), so it is important that they have a good understanding of the processes and autonomy in investigating flows and details.

## Knowledge of the company's data processing-based processes

As we've seen, the DPO is responsible for ensuring that data use occurs in accordance with the [legal basis](https://goadopt.io/en/blog/legal-bases-of-lgpd/) that supports the use of user data and within the limits of LGPD. Also, they must faithfully follow the instructions of the Data Controller.

There are numerous types of activities that occur simultaneously within a company that involve data processing. Consider, in this regard, an online sale. In this case, data such as address, CPF, phone number, and full name are collected, which should be used for:

- Billing;
- Generating invoices;
- Communicating the completion of the sale to the customer;
- Logistics for the separation and forwarding of the product;
- Offering tracking;
- Post-sale contact.
- ...

And these are just some of the activities that require data in a sales process. Therefore, it is necessary for the Data Protection Officer to be familiar with these processes, how they work, the data they use, how they are stored, discarded, and other such information.

Only in this way is it possible to know where the company is succeeding and failing in data processing, as well as to develop security strategies and ensure that data processing takes place within its limits and regulations.

## Establishing Limits and Rules for Data Use by Teams

Ideas and possibilities abound.
But to try to conclude this topic, one last tip.

When the DPO is in contact with the teams, they also become capable of guiding them so that, in their day-to-day activities, data processing occurs correctly. This can be done in various ways, such as through the development of a manual, training, etc.

It is crucial that everyone who in some way works with data processing has access to such standards and knows exactly what the limits of information use are.

With this, the teamwork of the Data Protection Officer not only becomes possible but also brings effective improvements to the company and makes it secure in compliance with LGPD guidelines.

Have you heard of [ROPA in LGPD](https://goadopt.io/en/blog/ropa-for-lgpd/), do you know what this document is?

Here, we talk a bit more about it, to help you with [compliance processes](https://goadopt.io/en/blog/10-risky-processes-in-your-marketing/).


Data Protection Officer and LGPD, a Solitary or Teamwork Job?

Oregon passed a privacy law with at least three characteristics you will probably not find in any other US state legislation.

The Oregon Consumer Privacy Act (OCPA), ORS 646A.570 to 646A.589, took effect on **July 1, 2024**. Developed by the Attorney General's Consumer Privacy Task Force with more than 150 experts involved, and signed by Governor Tina Kotek. The cookie banner is the visible part of this on your website, so [choosing a cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) is a decision worth making early.

In the first year of enforcement: 214 complaints received, 38 investigations opened. Enforcement is real.

## What is the OCPA?

The OCPA is Oregon's state personal data protection law. It grants rights to state residents and creates obligations for businesses that process their data.

Enforcement is the exclusive responsibility of the **Oregon Attorney General**. There is no private right of action.

## When did the OCPA take effect?

On **July 1, 2024**.

Two important changes came into force on **January 1, 2026**: the obligation to honor universal opt-out signals such as the Global Privacy Control (GPC), and the elimination of the 30-day cure period. From that date, the Attorney General can act without prior notice.

## Who needs to comply with the OCPA?

Under Section 2(1) of the law, it applies to persons that conduct business in Oregon or produce products or services targeted to state residents and that, during a calendar year:

Control or process personal data of at least **100,000 consumers**, excluding personal data controlled or processed solely for the purpose of completing a payment transaction.

Or control or process personal data of at least **25,000 consumers** while deriving **25% or more** of annual gross revenue from selling personal data.

Three points that distinguish the OCPA from virtually all other state laws:

**The payment transaction exclusion from the 100K threshold:** data processed exclusively to complete payments does not count toward the 100K threshold. This is different from other laws that do not make this exclusion.

**The 25% revenue threshold:** most state laws use 50% of revenue from data sales. The OCPA uses 25%, making the second criterion easier to reach.

**The inclusion of derived data in the definition of personal data:** profiles created from the consumer's data are also personal data under the OCPA. This directly impacts the scope of access and deletion requests.

Understanding the distinction between [controller and processor](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/) is fundamental to defining responsibilities in the processing chain.

### OCPA Exemptions

Under Section 2(2), the following are exempt:

Government entities and public corporations of Oregon, including Oregon Health and Science University and the Oregon State Bar.

Protected health information processed by covered entities or business associates under HIPAA.

Information used solely for public health purposes.

Clinical research data regulated by federal standards.

Data processed solely in the context of employment, contractual relationships with business entities, or employer benefits.

Data regulated by the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, FERPA, and Airline Deregulation Act (within each law's limits).

Financial institutions and their affiliates engaged solely in financial activities.

Insurers, insurance producers, and insurance consultants.

Non-profit organizations established to detect and prevent insurance fraud.

Non-commercial activities of press outlets and licensed radio and TV broadcasters.

### Two recent additions

As of **July 1, 2025**, non-profit organizations under section 501(c)(3) of the Internal Revenue Code became subject to the OCPA.

As of **September 26, 2025**, all auto manufacturers that collect personal data from Oregon consumers are subject to the law regardless of thresholds.

## What is personal data under the OCPA?

Under Section 1(13), personal data means data, **derived data**, or any unique identifier linked to or reasonably linkable to a consumer or to a device that identifies, is linked to, or is reasonably linkable to one or more consumers in a household.

De-identified data and data lawfully available through government records or widely distributed media are excluded.

The explicit inclusion of derived data is a key differentiator of the OCPA. Marketing profiles, behavioral scores, and audience segment classifications created from consumer data are personal data under the law.

## What is sensitive data under the OCPA?

Under Section 1(18), sensitive data includes:

Data revealing racial or ethnic background, national origin, religious beliefs, mental or physical condition or diagnosis, sexual orientation, status as transgender or nonbinary, status as a crime victim, or citizenship or immigration status.

Personal data of children under 13.

Precise geolocation data within a radius of **1,750 feet** (approximately 533 meters).

Genetic or biometric data.

Sensitive data cannot be processed without explicit consumer consent, per Section 5(2)(b) of the OCPA.

## What are consumer rights under the OCPA?

The Oregon Department of Justice created the **L.O.C.K.E.D.** acronym to summarize the rights guaranteed by Section 3(1) of the OCPA:

**L (List):** obtain a list of the specific entities to which the controller disclosed their personal data, or a list of any personal data disclosed.

**O (Opt-out):** refuse processing of data for targeted advertising, sale of personal data, and profiling for decisions with legal effects or effects of similar significance.

**C (Copy):** obtain a copy of all personal data the controller has processed, in a portable and readily usable format where technically feasible.

**K (Know):** confirm whether the controller processes or has processed their data and which categories are involved.

**E (Edit):** correct inaccuracies in personal data, taking into account the nature and purpose of processing.

**D (Delete):** request deletion of personal data, including data provided by the consumer, obtained from other sources, and derived data.

The controller has **45 days** to respond (Section 4(5)(a)). The deadline may be extended by an additional 45 days when reasonably necessary, with notification within the initial period.

Response is **free once** per 12-month period per consumer. For subsequent requests within the same period, the business may charge a reasonable fee, except when the request verifies compliance with a prior correction or deletion (Section 4(5)(c)).

### Right to appeal

Section 4(6) requires the controller to establish an appeal process. It must be conspicuously available, similar to the original submission method, and result in a written response within **45 days** with the decision and reasoning.

If the appeal is denied, the notice must provide information enabling the consumer to contact the Attorney General.

## Consent: what the OCPA requires

Under Section 1(6), consent is an affirmative act by which the consumer clearly and conspicuously communicates freely given, specific, informed, and unambiguous agreement. The interface may not have any mechanism with the purpose or substantial effect of obtaining consent by obscuring, subverting, or impairing the consumer's autonomy and decision-making. And inaction does not constitute consent.

The correct standard for cookies: non-essential technologies off by default. The user chooses what to enable, not what to disable.

## Controller obligations under the OCPA

Under Section 5, the controller must:

Specify in the privacy notice the express purposes for collecting and processing personal data.

Limit collection to what is adequate, relevant, and reasonably necessary for the declared purposes.

Implement reasonable technical, administrative, and physical safeguards to protect the data.

Provide a consent revocation mechanism at least as easy as the consent mechanism. After revocation, cease processing **within 15 days** (Section 5(1)(d)).

Not process data for purposes incompatible with those declared, unless the consumer consents.

Not process sensitive data without prior consumer consent.

Not process data of consumers aged 13 to 15 for targeted advertising, profiling, or data sales without explicit consent.

Not discriminate against consumers who exercise their rights.

Provide an accessible, clear, and meaningful privacy notice with an actively monitored contact channel.

Establish a DSAR channel without requiring creation of a new account.

Conduct and document Data Protection Assessments for high-risk activities.

## Special protection for teens aged 13 to 15

Section 5(2)(c) prohibits processing data of consumers aged 13 to 15 for targeted advertising, profiling for decisions with legal effects, or data sales without those consumers' consent, when the controller has actual knowledge or willfully disregards that age range.

As of **January 1, 2026**, protection was expanded: prohibition on selling data of minors under 16 and on using data of minors under 16 for targeted advertising and certain types of profiling.

## The 15-day consent revocation deadline

Section 5(1)(d) requires the controller to provide an effective consent revocation mechanism at least as easy as the consent mechanism. After revocation, the controller must cease processing **as soon as practicable, but not later than 15 days**.

## Cookies and the OCPA

Cookies that collect personal data or allow user identification fall directly within the OCPA's scope.

The controller must display a clear [cookie notice](https://goadopt.io/en/blog/operation-of-cookie-banner/), provide an opt-out mechanism for targeted advertising, block non-necessary trackers before they fire, and honor consumer preferences.

[Correct tag categorization](https://goadopt.io/en/blog/best-practices-tag-categorization/) is what makes it possible to identify which cookies constitute targeted advertising or data sales.

Section 1(19) defines targeted advertising as ads selected based on data collected from the consumer's activities over time and across one or more non-affiliated websites or online applications.

As of **January 1, 2026**, Section 5(5)(c) requires controllers to honor opt-out signals sent with the consumer's consent by platforms, technologies, or mechanisms such as the Global Privacy Control (GPC). A visitor with the GPC enabled is equivalent to a visitor who clicked the opt-out button.

## Data Protection Assessments

Under Section 8, the controller must conduct and document Data Protection Assessments for:

Processing data for targeted advertising.

Processing sensitive data.

Selling personal data.

Profiling that presents a reasonably foreseeable risk of unfair treatment, financial, physical, or reputational harm, intrusion into privacy, or other substantial harm.

Assessments must be retained for at least **five years** (Section 8(6)) and are confidential. The Attorney General may request access during investigations without that constituting a waiver of attorney-client privilege.

## Enforcement and penalties

Under Section 9, the Oregon Attorney General has exclusive enforcement authority. There is no private right of action.

**Through December 31, 2025:** the AG was required to notify the controller and grant 30 days to cure violations before initiating formal action.

**As of January 1, 2026:** the cure period was eliminated by Section 11. The AG may initiate action directly.

If violations are identified, the AG may seek:

Injunction to stop the violations.

Civil penalties of up to **US$ 7,500 per violation** (Section 9(4)(a)).

Recovery of attorney fees and investigation costs.

The AG has **five years** from the last act constituting the violation to bring an action.

## How to comply with the OCPA in practice

### 1. Data mapping
Understand what you collect, including derived data, where it is, how it is used, and who it is shared with. [Data mapping](https://goadopt.io/en/blog/data-mapping-or-data-inventory/) is the foundation of any compliance program.

### 2. Update your privacy policy
The document must cover all requirements of Section 5(4), including an actively monitored contact channel and a detailed description of third-party categories.

### 3. Implement a functional cookie notice
A [cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) that blocks non-necessary trackers before acceptance, records preferences, offers opt-out from targeted advertising, and honors the GPC from January 2026.

### 4. Create a DSAR channel
At least one secure and reliable mechanism for receiving requests, without requiring creation of a new account.

### 5. Document Data Protection Assessments
For each high-risk processing activity, conduct and document the assessment per Section 8. Retain for at least 5 years.

### 6. Update contracts with processors
Contracts with service providers that process data on your behalf must meet the requirements of Section 6 of the OCPA.

Applying [privacy by design](https://goadopt.io/en/blog/what-is-privacy-by-design/) from the start of product development is what makes compliance sustainable over time.

## How AdOpt helps with the OCPA

AdOpt records every consent interaction, blocks trackers before acceptance, honors the GPC from January 2026, processes consent revocations within 15 days, and generates the auditable log needed in an Oregon Attorney General investigation.

The automatic scan identifies all active [trackers](https://goadopt.io/en/blog/gdpr-cookies-explained/) on the site, feeding the data inventory. And when the law changes, the platform updates automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Ready to bring your website into compliance with the Oregon OCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Comparing OCPA with other privacy laws

| Law | State | Threshold | Revenue % | Cure Period | GPC/Opt-out Signal | Effective Date |
|---|---|---|---|---|---|---|
| OCPA | Oregon | 100K (excl. payment tx.) or 25K + 25% | 25% | Eliminated (Jan 2026) | Jan 2026 | Jul 2024 |
| CTDPA | Connecticut | 100K (excl. payment tx.) or 25K + 25% | 25% | Discretionary (Jan 2025) | Jan 2025 | Jul 2023 |
| VCDPA | Virginia | 100K or 25K + 50% | 50% | 30 days guaranteed | Not required | Jan 2023 |
| CPA | Colorado | 100K or 25K + 50% | 50% | Discretionary (Jul 2025) | Jul 2024 | Jul 2023 |
| CCPA/CPRA | California | US$ 25M or 100K | 50% | Discretionary | GPC required | Jan 2020/2023 |

To understand how these [privacy laws](https://goadopt.io/en/blog/gdpr-lgpd-and-ccpa-what-are-these-laws-similarities-and-differences/) compare in depth, our comparative guide goes further.

## The OCPA in practice: the three documents

Compliance with the OCPA rests on three documents that have to agree with each other: the [cookies policy](https://goadopt.io/en/blog/oregon-ocpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/oregon-ocpa-privacy-policy/), which explains what you do with the data; and the [privacy portal](https://goadopt.io/en/blog/oregon-ocpa-dsar-privacy-portal/), where the consumer exercises their rights and you keep the record of it.

## FAQ: Oregon OCPA

**1. What is the OCPA and when did it take effect?**
The Oregon Consumer Privacy Act (ORS 646A.570–646A.589) is Oregon's state personal data protection law. It took effect on July 1, 2024. It has specific differentiators from other state laws: the payment transaction exclusion from the 100K threshold, the 25% revenue threshold from data sales, the inclusion of derived data in the personal data definition, and the express 15-day deadline for cessation after consent revocation. As of January 2026, it added the GPC requirement and eliminated the 30-day cure period.

**2. What makes the OCPA threshold different from other state laws?**
The OCPA has two particularities in the threshold: it explicitly excludes data processed solely for payment transactions from the 100K consumer count, and uses 25% of revenue from data sales as the second criterion (vs. 50% in laws like the VCDPA and Colorado CPA). The 25% threshold is shared with Connecticut's CTDPA, but the payment transaction exclusion makes both laws the most specific on this point among all US state privacy laws.

**3. What is the 15-day consent revocation deadline in the OCPA?**
Section 5(1)(d) requires that after receiving a consumer's consent revocation, the controller cease processing as soon as practicable, but not later than 15 days. This express deadline is unique to the OCPA (shared with Connecticut's CTDPA) and distinguishes both from other US state laws that require cessation "without undue delay" without a specific timeframe.

**4. What is the Global Privacy Control and why does the OCPA require honoring it?**
The Global Privacy Control (GPC) is a technical signal that consumers activate in their browsers to automatically request opt-out from data sales and targeted advertising on all sites they visit. As of January 1, 2026, Section 5(5)(c) of the OCPA requires controllers to honor this signal as a valid opt-out request. A visitor with GPC enabled is equivalent to a visitor who clicked the opt-out button.

**5. What is the penalty for non-compliance with the OCPA?**
The Attorney General may seek civil penalties of up to US$ 7,500 per violation, plus injunctive relief and recovery of attorney fees and investigation costs. As of January 2026, there is no longer a 30-day cure period before formal action. The AG may act directly without prior notice. There is no private right of action (Section 9).

[Ready to bring your website into compliance with the Oregon OCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)


Oregon OCPA and Cookies: All You Need to Know

Compliance doesn't have to be a nightmare, whether you are a marketing professional or a **[Data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/)**, making simple mistakes can easily ruin your brand's reputation.

Facing million-dollar **[fines](https://goadopt.io/en/blog/company-fined-the-end/)** and losing user trust are the biggest risks today. Everything starts with how you manage **[cookies](https://goadopt.io/en/blog/lgpd-cookies-all-you-need-to-know/)** at the front door of your website.

We are here to simplify this for you. Let's dive into the five biggest market mistakes and how a solid **[Cookie notice/banner](https://goadopt.io/en/blog/operation-of-cookie-banner/)** solves this on autopilot.

## How to Avoid GDPR and CCPA Legal Issues

The global privacy landscape is changing extremely fast. Because of that, knowing if your **[website needs cookie consent](https://goadopt.io/en/blog/website-needs-cookie-consent-gdpr-lgpd-ccpa/)** is no longer a choice, it's a mandatory rule.

Tech giants have paid millions in **[fines](https://goadopt.io/en/blog/gdpr-lgpd-and-ccpa-what-are-these-laws-similarities-and-differences/)** just for ignoring basic transparency and data tracking guidelines.

The good news is that you don't need to pause your operations. Our technology protects everything, from your blog to your **[e-commerce](https://goadopt.io/en/blog/impact-ecommerce-lgpd/)**, without any headaches.

Common Issue: Unclear Cookie Banner Text
Many businesses rely on cookie consent notices filled with confusing or vague language. Here are some common pitfalls:

![common-privacy-dark-patterns.png](/uploads/common_privacy_dark_patterns_1a54e06b8c.png)

### 1. Confusing Consent Text

Using technical jargon or generic text only pushes visitors away. Global laws like the **[LGPD](https://goadopt.io/en/blog/lgpd-general-data-protection-law/)** demand total clarity and transparency in your communication.

Pre-made phrases like "we use technologies to improve your experience" mean absolutely nothing. You need to clearly explain the true role of **[cookies](https://goadopt.io/en/blog/lgpd-cookies-all-you-need-to-know/)** on your page.

The solution is a colloquial and direct language. A great **[Cookie banner](https://goadopt.io/en/blog/why-are-cookie-banners-everywhere/)** must detail the collection purposes without sounding like a boring contract.

### 2. Hiding the Reject Option

Hiding the reject button in difficult menus is a dark pattern that generates heavy **[fines](https://goadopt.io/en/blog/company-fined-the-end/)** in Europe and the Americas.

Your visitor must have the exact same ease to accept or reject tracking. This balance is the core of why a **[website needs cookie consent](https://goadopt.io/en/blog/website-needs-cookie-consent-gdpr-lgpd-ccpa/)**.

Avoid buttons with muted colors or tiny fonts. Let your **[Data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/)** validate the interface to ensure no deceptive patterns exist.

![table-2.png](/uploads/table_2_2f71ca54e2.png)

### 3. Firing Cookies Before Permission

This is the fatal error that destroys many traffic managers' strategies. Loading tracking scripts before the "accept" click is a clear violation of the **[LGPD](https://goadopt.io/en/blog/lgpd-general-data-protection-law/)** and GDPR.

The golden rule is: block everything that isn't strictly essential. You do not want marketing tools and **[cookies](https://goadopt.io/en/blog/lgpd-cookies-all-you-need-to-know/)** running without the user's green light.

To be sure your site is running clean, instruct your tech team to **[delete cookies](https://goadopt.io/en/blog/delete-cookies-cache-chrome/)** and simulate accesses as a first-time visitor.

### 4. Poor Consent Record Management

A beautiful banner is useless if you don't store the logs correctly. Remember that a proper **[website needs cookie consent](https://goadopt.io/en/blog/website-needs-cookie-consent-gdpr-lgpd-ccpa/)** involves keeping safe proof of actions.

During an audit, your company and the **[Data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/)** will need to present data such as date, time, and exact user preferences.

Losing this information leaves your operation completely vulnerable. A lack of documentation is a direct shortcut to **[fines](https://goadopt.io/en/blog/fines-in-LGPD/)** that can shut down your business.

### 5. Pre-checked Boxes and Assumed Consent

The era of assuming a user agreed just by scrolling the page is over. Modern frameworks like the **[LGPD](https://goadopt.io/en/blog/lgpd-general-data-protection-law/)** strictly prohibit implied consent.

Pre-checked boxes or forced cookie walls are not allowed. The power of choice regarding **[cookies](https://goadopt.io/en/blog/lgpd-cookies-all-you-need-to-know/)** must be actively in the hands of the visitor.

Respecting this autonomy builds a much stronger brand perception. At the end of the day, it increases trust in your **[e-commerce](https://goadopt.io/en/blog/impact-ecommerce-lgpd/)** and brings qualified leads.

## How AdOpt Solves This For You

Adapting your marketing processes doesn't have to be ugly or exhausting. Our CMP technology resolves your **[Cookie notice/banner](https://goadopt.io/en/blog/why-are-cookie-banners-everywhere/)** installation in a few clicks.

With our platform, script blocking happens automatically, protecting your campaigns and mitigating 100% of the risk of **[fines](https://goadopt.io/en/blog/fines-in-LGPD/)** from improper tracking.

We keep the entire consent history encrypted and organized. It's the security your **[Data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/)** needs, with the design your brand deserves.

## Frequently Asked Questions (FAQ) About Cookie Consent

### 1. Why should I care about cookie consent?
Ignoring permission tracking is a critical **compliance** error that directly hurts your business. If you receive international traffic, knowing exactly why your **[website needs cookie consent](https://goadopt.io/en/blog/website-needs-cookie-consent-gdpr-lgpd-ccpa/)** is the first step to avoiding penalties and protecting your brand.

### 2. Can I leave the accept box pre-checked?
Absolutely not, as modern privacy rules require affirmative action. Strict frameworks, like the **[LGPD](https://goadopt.io/en/blog/lgpd-general-data-protection-law/)** and GDPR, prohibit implied consent, ensuring the visitor has total control over their data.

### 3. What happens if I hide the reject button?
Making it hard to refuse trackers is a deceptive practice highly penalized by regulatory authorities. Besides destroying user trust, this flaw attracts heavy financial **[fines](https://goadopt.io/en/blog/fines-in-LGPD/)** that can cripple your company's budget.

### 4. Should cookies be blocked before the user accepts?
Exactly, because no advertising or marketing script should be fired in the browser without prior authorization. Our AdOpt platform blocks these tags before the visitor interacts with the **[Cookie banner](https://goadopt.io/en/blog/why-are-cookie-banners-everywhere/)**, doing all the heavy lifting for you.

### 5. Who is responsible for managing these consents?
While the tech team handles the installation, the responsibility for keeping records secure falls on managers and the **[Data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/)**. These professionals use our automated reports to prove legality during an audit.

## Take the Next Step Towards Compliance

Don't let bureaucratic mistakes harm your **[LGPD e-commerce](https://goadopt.io/en/blog/impact-ecommerce-lgpd/)** performance or your agency's metrics.

Compliance technology doesn't have to be an expensive and complex hurdle, and we are ready to show you how fast and smooth it can be.

Book a free demo with our team of experts right now through **[our HubSpot](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria?uuid=e1bc9e87-710e-4f13-894e-4ade5ce7af10)** and discover how to automate your consent management.


5 Common Cookie Consent Mistakes Hurting Your Compliance

Tenesse TIPA: DSAR Privacy Portal

## New Hampshire NHDPA: Privacy Policy

Every business that collects data from New Hampshire residents needs a public document that clearly and specifically explains what it does with that information.

This page covers one piece of the picture. For the full scope of the NHDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the NHDPA and cookies](https://goadopt.io/en/blog/new-hampshire-nhdpa-and-cookies-all-you-need-to-know/).

That document is the Privacy Policy.

The New Hampshire Data Privacy Act (NHDPA, RSA 507-H), in effect since January 1, 2025, defines what must be in that document, how it must be published, and what happens when it is incomplete or outdated.

This article focuses exclusively on that: what the NHDPA requires from your Privacy Policy, point by point, verified against the full text of the law.

## What the NHDPA calls a Privacy Notice

The law uses the term Privacy Notice. In practice, it is the Privacy Policy that most websites already have.

RSA 507-H:6, III requires the controller to provide consumers with a privacy notice that is "clear and meaningful in a reasonably accessible format." The document can be published online, in mobile apps, or on devices through which consumers interact with the controller.

Two specific requirements from RSA 507-H:6, III deserve attention:

The document must be **reasonably accessible to consumers with disabilities**, including through digital accessibility tools.

The document must include the **date it was last updated**.

## What must be in the Privacy Policy under the NHDPA

RSA 507-H:6, III lists the mandatory elements of the privacy notice. Let's go through each one.

### 1. Categories of personal data processed

The document must list the categories of personal data the business processes (RSA 507-H:6, III, a).

Personal data under the NHDPA is any information linked or reasonably linkable to an identified or identifiable individual, as defined in RSA 507-H:1, XIX. This includes name, email, IP address, browsing history, location data, and any identifier that allows a person to be tracked.

### 2. The purpose of processing

The document must explain what the data is used for (RSA 507-H:6, III, b).

And the purposes must be specific. RSA 507-H:6, I, b determines that the business cannot process data for purposes that are not reasonably necessary or compatible with those disclosed, without new consent.

Vague purposes such as "improve your experience" do not meet the requirement. "Browsing data collected via analytics: used to analyze site usage behavior and identify pages with high abandonment rates" is a specific purpose.

### 3. How consumers exercise their rights

The document must describe how consumers can exercise the rights guaranteed by the NHDPA, including how to appeal a controller's decision (RSA 507-H:6, III, c).

It is not enough to list that the rights exist. The process must be described: which channel to use, how identity verification works, what the 45-day response deadline is, and how to appeal if a request is denied.

The [data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/) or compliance lead must have this process mapped out and functioning before publishing the Policy.

### 4. Categories of data shared with third parties

If the business shares data with third parties, the document must inform which categories of data are shared (RSA 507-H:6, III, d).

This includes email marketing tools, CRMs, analytics platforms, advertising networks, payment processors, and any other service that receives data from your users.

This point is critical for digital marketing agencies that manage client websites. The client's website is the controller. The agency is typically the processor. The Policy must reflect this structure.

### 5. Categories of third parties that receive data

In addition to the types of data, the Policy must inform which categories of third parties receive them (RSA 507-H:6, III, e).

Categories such as "digital advertising platforms," "analytics tools," and "CRM systems" are valid examples. It is not necessary to list the name of every product, but the categories must be identifiable.

### 6. An active contact channel

RSA 507-H:6, III, f requires an active email address or other online mechanism through which the consumer can contact the controller.

It cannot be a form that does not work, an email that no one monitors, or a broken link. The channel must be operational.

### 7. Date of last update

RSA 507-H:6, III, g makes it mandatory to include the date the privacy notice was last updated.

Every time there is a material change in data processing practices, the document must be updated and this date must be reflected.

### 8. Disclosure of targeted advertising and data sale

If the business sells personal data to third parties or processes it for targeted advertising, RSA 507-H:6, IV requires this practice to be clearly stated, along with the mechanism through which the consumer can exercise the opt-out.

### 9. Mechanisms for submitting requests

RSA 507-H:6, V, a requires the Policy to describe at least one secure and reliable means for the consumer to submit requests. This means must include a clear and conspicuous link to a page where the consumer can exercise the opt-out of targeted advertising or data sale.

The business cannot require the consumer to create a new account to exercise their rights.

## Sensitive data: additional requirements in the Policy

Sensitive data receives special treatment under the NHDPA and must be identified in the Privacy Policy.

Under RSA 507-H:1, XXVIII, sensitive data includes: racial or ethnic origin, religious beliefs, physical or mental health, sex life, sexual orientation, citizenship, genetic or biometric data used for identification, data of known children under 13, and precise geolocation data.

If the business collects any data in this category, the Policy must:

Explicitly identify that sensitive data is collected.

State the specific purpose for which each category is used.

Describe how explicit prior consent is obtained, as required by RSA 507-H:6, I, d.

Explain how that consent can be revoked.

And on revocation: after receiving a consent revocation request, the business has a maximum of **15 days** to cease processing, under RSA 507-H:6, I, f. This deadline must be reflected in the Policy.

## The additional protection for teenagers between 13 and 15 years old

RSA 507-H:6, I, g prohibits processing consumer data for targeted advertising or selling it without consent when the controller has actual knowledge that the consumer is between 13 and 15 years old.

This protection goes beyond the protection of children under 13. If the site may have teenage users in that age range, the Privacy Policy must mention how this protection is implemented.

## Data Protection Assessments: when they are required

RSA 507-H:8 requires controllers to conduct and document Data Protection Assessments for activities that present elevated risk to the consumer, including targeted advertising, data sale, profiling with foreseeable risk of harm, and processing of sensitive data.

The assessments do not need to be published in the Policy, but must be documented and made available to the Attorney General upon request. They are confidential and exempt from public disclosure (RSA 507-H:8, III).

A [Records of Processing Activities (ROPA)](https://goadopt.io/en/blog/gdpr-legal-basis/) document is what organizes the record of these activities internally.

## Enforcement changed in 2026

One point that affects the urgency of compliance: in 2025, the Attorney General was required to give the business 60 days to cure before filing a lawsuit (RSA 507-H:11, II). From 2026 onward, this cure period became discretionary (RSA 507-H:11, III).

This means that an inadequate Privacy Policy in 2026 can result in direct enforcement action, with no guaranteed deadline to correct.

Violations are treated under RSA 358-A:2, with reference [penalties](https://goadopt.io/en/blog/fines-in-LGPD/) of up to US$ 10,000 per violation.

## How AdOpt supports compliance with the NHDPA

AdOpt ensures that what is written in the Policy has a real correspondence with what actually happens on the site.

The automatic scan identifies all active technologies, feeding the list of data categories and third parties that must appear in the document. The [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) ensures the consent and revocation mechanism works exactly as described.

Every consent and revocation is logged. If the Attorney General requests evidence, the record is available.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Policy for your site that complies with the NHDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Policy must contain for the NHDPA

**Visible and accessible link** on all pages of the site.

**Accessible to people with disabilities**, including via digital tools (RSA 507-H:6, III).

**Categories of personal data processed**, with specific descriptions (RSA 507-H:6, III, a).

**Purpose of processing** for each category, without vague descriptions (RSA 507-H:6, III, b).

**How to exercise each right** guaranteed by the NHDPA, with process, channel, and 45-day response deadline (RSA 507-H:6, III, c).

**Categories of data shared with third parties** (RSA 507-H:6, III, d).

**Categories of third parties** that receive data (RSA 507-H:6, III, e).

**Active contact channel**, functional email or online mechanism (RSA 507-H:6, III, f).

**Date of last update** visible (RSA 507-H:6, III, g).

**Disclosure of targeted advertising or data sale** with accessible opt-out (RSA 507-H:6, IV).

**Identification of sensitive data** and how prior consent is obtained (RSA 507-H:6, I, d).

**15-day deadline to cease processing after revocation** (RSA 507-H:6, I, f).

**Protection for teenagers between 13 and 15 years old** (RSA 507-H:6, I, g).

**Appeal process** described with a 60-day deadline.

**Non-discrimination policy** for consumers who exercise their rights.

**Free service once per year** per consumer.

## FAQ: NHDPA and Privacy Policy

**1. Does the NHDPA require a document specifically called a "Privacy Policy"?**
The law requires a clear and meaningful Privacy Notice in a reasonably accessible format, under RSA 507-H:6, III. In practice, it is the Privacy Policy. What the law specifies is the minimum required content, with seven elements listed directly in the text of the law.

**2. How many DSAR requests per year are free of charge?**
Once per year per consumer, under RSA 507-H:4, III, c. From the second request within the same 12-month period, the business may charge a reasonable fee or refuse if it considers the request excessive, but must prove the excessive nature of the request.

**3. How often should the Privacy Policy be reviewed?**
Whenever there is a material change in processing practices. The law requires the date of last update to be visible in the document (RSA 507-H:6, III, g). The [data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/) should monitor changes in the tools used on the site and trigger an update when necessary.

**4. What changed in enforcement from 2026?**
In 2025, the Attorney General was required to give 60 days to cure before filing a lawsuit (RSA 507-H:11, II). From 2026, the cure period is discretionary (RSA 507-H:11, III). The Attorney General may or may not grant the period, considering factors such as the number of violations, company size, and probability of harm to the public.

**5. Does the Privacy Policy need to cover the protection of teenagers?**
Yes. RSA 507-H:6, I, g prohibits targeted advertising and data sale for consumers between 13 and 15 without consent, when the business has knowledge of this age range. If the site may have teenage users, the Policy must mention this protection.

With AdOpt, you're covered.

[Ready to build a Privacy Policy for your site that complies with the NHDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about New Hampshire NHDPA compliance

New Hampshire NHDPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/new-hampshire-nhdpa-cookies-policy/), which declares every tracker and its purpose; the [privacy portal](https://goadopt.io/en/blog/new-hampshire-nhdpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


New Hampshire NHDPA: Privacy Policy

## New Hampshire NHDPA: DSAR and the Privacy Portal

You collect data from New Hampshire consumers. But when one of those people asks to know what you have on them, what happens?

This page covers one piece of the picture. For the full scope of the NHDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the NHDPA and cookies](https://goadopt.io/en/blog/new-hampshire-nhdpa-and-cookies-all-you-need-to-know/).

That question leaves a lot of businesses without an answer. And the New Hampshire Data Privacy Act (NHDPA, RSA 507-H), in effect since January 1, 2025, does not accept silence as a response.

The law guarantees clear and concrete rights to state consumers. And for each of those rights, there is a corresponding obligation on your side. This article covers all of it: what a DSAR is, what rights the NHDPA guarantees, how to process each type of request, which deadlines to apply, and what happens when something goes wrong.

## What is a DSAR?

DSAR stands for Data Subject Access Request. In practice, it is any formal request made by a consumer to exercise the rights the law grants them over their own data.

This includes asking to see what you collected, correcting incorrect information, requesting deletion of their data, asking for a portable copy, refusing the use of their data for advertising purposes, or contesting a decision your business made about a previous request.

If you are already familiar with the [GDPR](https://goadopt.io/en/blog/gdpr-cookies-explained/), the DSAR framework will feel quite familiar. The NHDPA follows the same logic: the data subject needs a functional channel to exercise the rights the law guarantees.

The Privacy Portal is the digital interface that centralizes this process.

## What are consumer rights under the NHDPA?

Under RSA 507-H:4, residents of New Hampshire have six main rights:

### Right to access and confirmation

The consumer can request confirmation that the business processes their data and obtain a copy of the personal data the business holds about them, under RSA 507-H:4, I, a.

The copy must be in a readable format. If processing is carried out by electronic means, the format must also be portable.

### Right to correction

The consumer can request correction of inaccurate personal data, taking into account the nature and purpose of the processing, under RSA 507-H:4, I, b.

This includes any outdated, incomplete, or incorrect data. The business cannot ignore this request by claiming the data is old or was already used for a specific purpose.

### Right to deletion

The consumer can request the deletion of personal data they provided or that was collected about them, under RSA 507-H:4, I, c.

There are exceptions. The business may refuse if processing is necessary to comply with a legal obligation, for defense in legal proceedings, or for purposes expressly protected by law. But the refusal must be justified.

### Right to portability

The consumer can obtain a copy of their data in a portable and machine-readable format when processing is carried out by automated means, under RSA 507-H:4, I, d. This makes it easier to transfer the data to another service.

### Right to opt-out

The consumer can refuse the processing of their data for three specific purposes (RSA 507-H:4, I, e):

Targeted advertising.

Sale of personal data to third parties.

Profiling with legal or similarly significant effects on the consumer.

The opt-out for targeted advertising and data sale must be accessible via a clear and conspicuous link on the site, as required by RSA 507-H:6, V, a, 1. The business cannot create obstacles to the consumer exercising this right.

### Right to appeal

If the business denies a request, the consumer has the right to appeal the decision, under RSA 507-H:4, II. The business must provide an appeals process that is convenient and comparable to the original submission mechanism.

The deadline to respond to appeals is **60 days**, under RSA 507-H:4, II, b.

If the appeal is also denied, the business must inform the consumer how they can file a complaint with the New Hampshire Attorney General.

## What are the response deadlines?

The NHDPA is clear on deadlines and there is little room for interpretation.

**45 days** from the receipt of an authenticated request to respond (RSA 507-H:4, III, a).

The deadline can be extended by another **45 days** in cases of high volume or complexity, as long as the consumer is notified within the initial period with the reason for the extension (RSA 507-H:4, III, a).

**60 days** to respond to appeals (RSA 507-H:4, II, b).

These deadlines begin when the request is received and authenticated. If the business requests additional information to verify the identity of the requester, the deadline is paused until that verification is completed, provided the request for information is reasonable and proportionate.

### What counts as "receipt" of a request?

For deadline purposes, receipt of the request occurs when the business has the information necessary to identify the consumer and process the request.

If the identity verification process is still pending, the deadline starts only after confirmation. This is why the [verification process](https://goadopt.io/en/blog/consent-website-lgpd/) must be agile and proportionate to the type of data involved.

## What should the request submission channel look like?

Under RSA 507-H:6, V, the controller must make available at least one secure and reliable mechanism for consumers to submit requests to exercise their rights.

This mechanism must meet two fundamental requirements:

It cannot require the consumer to create a new account to exercise the rights guaranteed by law (RSA 507-H:6, V, b).

It must include a clear and conspicuous link to a page where the consumer can specifically exercise the opt-out of targeted advertising and data sale (RSA 507-H:6, V, a, 1).

A well-structured Privacy Portal offers:

A request submission form with clear categories (access, correction, deletion, portability, opt-out).

A proportionate and non-discriminatory identity verification process.

Automatic receipt confirmation with a tracking reference number.

A log of each request and response for audit purposes.

An appeal channel for denied cases.

The [cookie consent on the site](https://goadopt.io/en/blog/operation-of-cookie-banner/) and the Privacy Portal must be integrated so that consumer preferences are reflected in real time in the company's systems.

## Identity verification: how to do it without creating barriers

The business needs to verify that whoever is submitting the request is actually the data subject. But this process cannot be a barrier.

The NHDPA does not specify a single verification method, but the general standard is that verification must be proportionate to the sensitivity of the data involved and the risk of harm to the consumer.

In practice, this means:

For low-risk data: an email confirmation may be sufficient.

For sensitive data or high-risk harm scenarios: a second verification factor may be necessary.

What is never acceptable: requiring documents that go beyond what is reasonable to verify identity, such as physical ID documents for access to simple browsing data.

The business also cannot require the creation of a new account, the use of third-party platforms unrelated to the original service, or the provision of more personal data than necessary for identification.

## Fees: what the law says

Under RSA 507-H:4, III, c, request processing is free of charge once per year per consumer.

From the second request within the same 12-month period, the business may charge a reasonable fee or decline processing if the request is manifestly unfounded, excessive, or repetitive.

But the burden of proof is on the business. In other words, if you want to charge or refuse, you must be able to demonstrate that the request is in fact excessive. A subjective assessment is not enough.

## How to process each type of DSAR in practice

Each type of request has a specific workflow. Here is how to process each one.

### Access request

Receive the request and authenticate the data subject.

Locate all personal data the business holds about this consumer across its systems.

Prepare a copy in a readable format.

Include in the response: categories of data, purposes of processing, third parties with whom the data was shared, and retention period.

Send the response within the 45-day deadline.

An up-to-date [data mapping](https://goadopt.io/en/blog/data-mapping-or-data-inventory/) exercise is what makes this process viable. Without a clear inventory of where data lives, the search becomes manual and error-prone.

### Correction request

Receive and authenticate.

Identify which data is inaccurate and where it is stored.

Correct the data in primary systems and, where applicable, notify third parties that received the data so they can also make the correction on their side.

Confirm to the data subject that the correction was made.

### Deletion request

Receive and authenticate.

Check whether a legal exception exists that allows retaining the data (legal obligation, judicial defense, purpose protected by law).

If no exception exists: delete the data from all systems where it is stored, including backups where technically feasible.

Notify third parties that received the data to also delete it where applicable.

Confirm to the data subject with details of what was deleted and, if anything was retained, the legal justification.

### Portability request

Receive and authenticate.

Generate a file with the data subject's data in a portable, machine-readable format (such as JSON or CSV).

Deliver it to the data subject securely within the deadline.

### Opt-out request

This is the most urgent of all. When the consumer exercises the opt-out of targeted advertising, data sale, or profiling with significant effects, the systems must be updated immediately.

And there is a specific deadline for this: under RSA 507-H:6, I, f, after consent is revoked, the business has a maximum of **15 days** to cease processing.

This means that CRM systems, email marketing platforms, advertising pixels, and analytics tools must be configured to accept and process this command within 15 days. It is not optional.

A [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) integrated with the company's systems automates a large part of this workflow.

## What happens when the business denies a request?

The business may deny a request when:

It cannot verify the identity of the data subject.

The request is manifestly unfounded or excessive.

Processing is necessary for a legal or contractual reason that prevails over the right to deletion.

In all cases, the denial must be communicated to the data subject within the 45-day deadline. The communication must:

State the reason for the denial clearly.

Explain how the data subject can appeal the decision.

Indicate the available appeal process.

The appeal process must be accessible and practical. The business has 60 days to respond to the appeal (RSA 507-H:4, II, b). If the appeal is also denied, the data subject must be informed that they can file a complaint with the Attorney General.

## Protection against discrimination

The NHDPA expressly prohibits businesses from discriminating against consumers who exercise the rights guaranteed by law (RSA 507-H:6, II).

This means the business cannot:

Deny products or services to a consumer who exercised the opt-out.

Charge different prices because a right was exercised.

Offer lower quality service as retaliation for a request.

There is a specific exception: loyalty programs or benefits that offer value in exchange for the use of data are permitted, as long as the benefits are reasonably related to the value the data represents to the business.

## Special protection for teenagers between 13 and 15 years old

RSA 507-H:6, I, g brings an additional protection that directly impacts the Privacy Portal: when the business has actual knowledge that a consumer is between 13 and 15 years old, it cannot process that person's data for targeted advertising or sell it without explicit consent.

If your portal receives requests from users in this age range, the process must have a differentiated flow to ensure that this consent exists or does not exist, as the case may be.

## Documentation and records

Every processed request must be documented. This includes:

Date and time of receipt.

Type of request.

Identity verification process performed.

Action taken.

Date and form of response to the data subject.

In case of denial: recorded justification.

In case of appeal: the full appeal history and decision.

This documentation is what protects the business in the event of an Attorney General investigation. Without records, there is no way to prove that the process was completed within the required deadlines.

A [Records of Processing Activities (ROPA)](https://goadopt.io/en/blog/ropa-for-lgpd/) document that is kept up to date is the central element of this audit trail.

## The shift in enforcement from 2026

In 2025, before initiating a lawsuit, the Attorney General was required to notify the business and give 60 days to correct any violation (RSA 507-H:11, II). From 2026 onward, this cure period became discretionary (RSA 507-H:11, III).

This directly impacts the Privacy Portal: a business without a structured process to handle DSARs may face direct enforcement action, with no guaranteed time to correct.

Violations are treated under RSA 358-A:2 (Consumer Protection Act), with reference penalties of up to US$ 10,000 per violation.

## How AdOpt helps with the Privacy Portal

AdOpt logs every consent and revocation interaction with a timestamp and unique identifier. When the consumer revokes consent through the Privacy Portal, the system automatically updates cookie and tracker triggers within the 15-day deadline required by the NHDPA.

AdOpt's auditable log serves as evidence that the process was completed as required by law. And when legislation changes, the platform updates automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the NHDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the NHDPA

**Request submission channel** without requiring creation of a new account (RSA 507-H:6, V, b).

**Coverage of all 6 rights** guaranteed by the NHDPA: access, correction, deletion, portability, opt-out, and appeal.

**Conspicuous opt-out link** for targeted advertising and data sale (RSA 507-H:6, V, a, 1).

**45-day response deadline**, with the option to extend by another 45 days with notification (RSA 507-H:4, III, a).

**60-day deadline** to respond to appeals (RSA 507-H:4, II, b).

**Proportionate and non-discriminatory identity verification** process.

**Free response once per year** per consumer (RSA 507-H:4, III, c).

**Cessation of processing within 15 days** after consent revocation (RSA 507-H:6, I, f).

**Documented record** of each request, action taken, and response sent.

**Accessible appeals process** with information on how to file a complaint with the Attorney General in case of a second denial.

**Non-discrimination protection** for consumers exercising their rights (RSA 507-H:6, II).

**Differentiated treatment** for consumers aged 13 to 15 (RSA 507-H:6, I, g).

**Notification to third parties** where applicable for deletion or correction of shared data.

## Comparison: Privacy Portal deadlines under the NHDPA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Access, correction, deletion, portability | 45 days | +45 days with notification |
| Opt-out (advertising, sale, profiling) | 45 days | +45 days with notification |
| Cessation after consent revocation | 15 days | No extension |
| Appeal of a decision | 60 days | Not specified |

Other US states with similar laws, such as the [Texas TDPSA](https://goadopt.io/en/blog/texas-tdpsa-and-cookies-all-you-need-to-know/) and the [Tennessee TIPA](https://goadopt.io/en/blog/tennessee-tipa-and-cookies-all-you-need-to-know/), follow similar structures with variations in deadlines and application criteria.

## FAQ: NHDPA and Privacy Portal

**1. Does the NHDPA require a dedicated Privacy Portal?**
Not by name. RSA 507-H:6, V requires the controller to make available at least one secure and reliable mechanism for submitting requests. A dedicated Privacy Portal is the most organized way to meet this requirement, but a well-structured contact form or an active, monitored email address can also fulfill the obligation, as long as all legal criteria are met.

**2. What is the deadline to process a targeted advertising opt-out?**
There are two separate deadlines that must be observed. The general response deadline is 45 days from authenticated receipt, under RSA 507-H:4, III, a. But the deadline for actual cessation of processing after consent revocation is 15 days, under RSA 507-H:6, I, f. Both deadlines run simultaneously and must be met independently.

**3. Can the business charge a fee for processing a DSAR?**
Processing is free once per year per consumer, under RSA 507-H:4, III, c. From the second request within the same 12-month period, the business may charge a reasonable fee or decline if the request is manifestly unfounded, excessive, or repetitive. The burden of proving the excessive nature lies with the business.

**4. What happens if the business denies a request without adequate justification?**
The consumer can appeal the decision within 60 days, under RSA 507-H:4, II. If the appeal is denied, they can file a complaint with the New Hampshire Attorney General. From 2026 onward, the Attorney General can initiate direct action without guaranteeing a cure period for the business (RSA 507-H:11, III), with reference penalties of up to US$ 10,000 per violation under RSA 358-A:2.

**5. How should requests from teenagers aged 13 to 15 be handled?**
RSA 507-H:6, I, g requires special treatment for consumers in this age range. When the business has actual knowledge that the requester is between 13 and 15 years old, processing their data for targeted advertising and selling it without explicit consent are prohibited. The Privacy Portal must have a specific workflow to identify and handle these requests differently, ensuring that the additional restrictions are automatically applied.

With AdOpt, you're covered.

[Ready to build a Privacy Portal for your site that complies with the NHDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about New Hampshire NHDPA compliance

New Hampshire NHDPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/new-hampshire-nhdpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/new-hampshire-nhdpa-privacy-policy/), which explains what you do with the data.


New Hampshire NHDPA: DSAR Privacy Portal

## Virginia VCDPA: Privacy Policy

Every business that collects data from Virginia residents needs a public document that clearly and specifically explains what it does with that information.

This page covers one piece of the picture. For the full scope of the VCDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the VCDPA and cookies](https://goadopt.io/en/blog/virginia-vcdpa-and-cookies-all-you-need-to-know/).

That document is the Privacy Policy.

The Virginia Consumer Data Protection Act (VCDPA, Va. Code § 59.1-575 et seq.), in effect since January 1, 2023, defines what must be in that document, how it should be presented, and what happens when it is incomplete or outdated.

This article focuses exclusively on that: what the VCDPA requires from your Privacy Policy, point by point, based on the official text of the law.

## What the VCDPA calls a Privacy Notice

The law uses the term privacy notice. In practice, it is the Privacy Policy that most websites already have.

Va. Code § 59.1-578 C requires the controller to provide consumers with a privacy notice that is "reasonably accessible, clear, and meaningful." The document must be easy to find and easy to understand.

Unlike the NHDPA, the VCDPA does not explicitly require accessibility accommodations for people with disabilities or mandate inclusion of the date of last update in the text of the law. However, the standard of reasonable accessibility and clarity requires the document to be navigable and comprehensible by any user.

## What must be in the Privacy Policy under the VCDPA

Va. Code § 59.1-578 C lists five categories of information the Privacy Policy must contain. Let's go through each one.

### 1. Categories of personal data processed

The document must list the categories of personal data the business processes (Va. Code § 59.1-578 C, 1).

Personal data under the VCDPA is any information linked or reasonably linkable to an identified or identifiable natural person, as defined in Va. Code § 59.1-575. This includes name, email address, IP address, browsing history, location data, and any identifier that allows a person to be tracked.

De-identified data and publicly available information are excluded.

### 2. The purpose of processing

The document must explain what the data is used for (Va. Code § 59.1-578 C, 2).

The purposes must be specific. Va. Code § 59.1-578 A, 2 prohibits processing data for purposes that are not reasonably necessary or compatible with the disclosed purposes, without the consumer's consent.

Vague descriptions such as "improve your experience" or "personalize your journey" do not meet the requirement. "Behavioral data collected via analytics to identify pages with high abandonment rates and prioritize usability improvements" is the correct level of specificity.

### 3. How consumers exercise their rights

The document must describe how consumers can exercise the five rights guaranteed by the VCDPA and how to appeal a denial decision (Va. Code § 59.1-578 C, 3).

It is not enough to list that rights exist. The process must be described: which channel to use, how identity authentication works, what the 45-day response deadline is, and how the appeal process works with a 60-day response period.

The [data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/) or compliance lead must have this workflow mapped and operationally functional before publishing the Policy.

### 4. Categories of data shared with third parties

If the business shares data with third parties, the document must disclose which categories of data are shared (Va. Code § 59.1-578 C, 4).

This covers email marketing tools, CRMs, analytics platforms, advertising networks, payment processors, and any other service that receives user data.

It is important to distinguish what constitutes data sharing under the VCDPA. Transfers to processors that process data exclusively on behalf of the controller do not constitute "sale of data." But any transfer for monetary consideration to independent third parties may constitute a sale and require specific disclosure.

### 5. Categories of third parties that receive data

In addition to the types of data, the Policy must disclose which categories of third parties receive them (Va. Code § 59.1-578 C, 5).

Categories such as "digital advertising platforms," "analytics tools," "CRM systems," and "payment processors" are valid examples. It is not necessary to list the name of every product, but the categories must be identifiable and descriptive enough for the consumer to understand who has access to their data.

## Disclosure of targeted advertising and data sale

If the business sells personal data to third parties or processes it for targeted advertising, Va. Code § 59.1-578 D requires clear and conspicuous disclosure of this practice in the Privacy Policy, along with the manner in which the consumer can exercise the opt-out.

Targeted advertising, as defined by the VCDPA, consists of ads based on data collected from the consumer's activities over time and across non-affiliated websites or applications. Contextual ads based on the current session are not included in this definition.

If your site uses a Meta Pixel, Google Ads, TikTok Pixel, or any programmatic advertising tool that collects data in other environments, you are operating targeted advertising and must disclose this explicitly.

## The request submission mechanism

Va. Code § 59.1-578 E requires the controller to establish and describe in the Privacy Policy at least one secure and reliable means for consumers to submit rights requests.

This means must:

Consider how consumers normally interact with the controller.

Ensure secure and reliable communication.

Allow the controller to authenticate the consumer's identity.

Not require the consumer to create a new account. The business may require use of an existing account, but cannot force the user to register a new one just to exercise a right guaranteed by law.

## Sensitive data: additional requirements

Sensitive data receives special treatment under the VCDPA and must be identified in the Privacy Policy.

Under Va. Code § 59.1-575, sensitive data includes: racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, citizenship or immigration status, genetic or biometric data for identification, known children's personal data, and precise geolocation data.

If the business collects any data in this category, the Policy must:

Explicitly identify that sensitive data is collected.

Describe the specific purpose for which each category is processed.

Explain how the consumer's consent is obtained prior to processing.

Detail how that consent can be revoked.

For children's data, the VCDPA takes a specific approach: businesses that comply with the verifiable parental consent requirements of COPPA (Children's Online Privacy Protection Act) are deemed compliant with the VCDPA's parental consent obligations (Va. Code § 59.1-576 D).

## Protection of minors on social media platforms

Starting January 1, 2026, Va. Code § 59.1-577.1 imposes specific obligations on social media platform operators related to users under **16 years of age**.

If the business operates a social media platform, the Privacy Policy must describe:

How the business determines whether a user is a minor under 16.

The 1-hour daily usage limit for minors.

How parents or legal guardians can provide verifiable parental consent to adjust the limit.

That data collected for age determination is used solely for that purpose.

## Data Protection Assessments: what the Policy needs to address

Va. Code § 59.1-580 requires controllers to conduct and document Data Protection Assessments for high-risk activities, including targeted advertising, data sale, profiling with foreseeable risk of harm, sensitive data processing, and online services directed at children.

Assessments do not need to be published in the Policy, but must be documented and available to the Attorney General upon request. They are confidential and exempt from public disclosure under the Virginia Freedom of Information Act (Va. Code § 59.1-580 D).

The Privacy Policy should, however, make clear that the business conducts impact assessments for high-risk activities as part of its compliance program.

## Non-discrimination policy

Va. Code § 59.1-578 A, 4 expressly prohibits businesses from discriminating against consumers who exercise their rights. This includes denying products or services, charging different prices, or offering lower quality as a consequence of a consumer exercising a right.

The Privacy Policy must state that consumers will not be discriminated against for exercising their rights.

The exception: voluntary loyalty, rewards, premium features, discount, or club card programs that offer benefits in exchange for data use are permitted, provided the consumer participates voluntarily.

## The cure period and its relationship to the Policy

Before initiating any action, the Attorney General must notify the business and provide **30 days to cure** the violation (Va. Code § 59.1-584 B). This period is guaranteed by law.

If the business cures the violation within the period and provides a written statement that the violations have been remedied and will not recur, no action is initiated.

However, if the business continues in violation after the cure period or breaches the written statement provided, the Attorney General may seek penalties of up to **US$ 7,500 per violation**, plus recovery of costs and [attorney fees](https://goadopt.io/en/blog/fines-in-LGPD/).

An incomplete Privacy Policy is one of the easiest violations to identify. Updating the document before receiving a notice is significantly more efficient than scrambling to adjust within 30 days.

## How AdOpt supports compliance with the VCDPA

AdOpt ensures that what is written in the Policy has real correspondence with what actually happens on the site.

The automatic scan identifies all active technologies, feeding the list of data categories and third parties that must appear in the document. The [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) ensures the consent and opt-out mechanism works exactly as described.

Every consent interaction is logged. If the Attorney General requests evidence, the record is available.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Policy for your site that complies with the VCDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Policy must contain for the VCDPA

**Visible and accessible link** on all pages of the site.

**Categories of personal data processed**, with specific descriptions (Va. Code § 59.1-578 C, 1).

**Purpose of processing** for each category, without vague descriptions (Va. Code § 59.1-578 C, 2).

**How to exercise each right** guaranteed by the VCDPA, with process, channel, and 45-day response deadline (Va. Code § 59.1-578 C, 3).

**Appeal process** described with a 60-day deadline and information about contacting the Attorney General (Va. Code § 59.1-577 C).

**Categories of data shared with third parties** (Va. Code § 59.1-578 C, 4).

**Categories of third parties** that receive data (Va. Code § 59.1-578 C, 5).

**Disclosure of targeted advertising or data sale** with accessible opt-out (Va. Code § 59.1-578 D).

**Request submission mechanism** described, without requiring a new account (Va. Code § 59.1-578 E).

**Identification of sensitive data** and how prior consent is obtained (Va. Code § 59.1-578 A, 5).

**Protection of minors on social media platforms** for businesses operating those services (Va. Code § 59.1-577.1, effective Jan 2026).

**Non-discrimination policy** for consumers who exercise their rights (Va. Code § 59.1-578 A, 4).

**Free service up to twice per year** per consumer (Va. Code § 59.1-577 B, 3).

## FAQ: VCDPA and Privacy Policy

**1. Does the VCDPA require a document specifically called a "Privacy Policy"?**
The law requires a privacy notice that is reasonably accessible, clear, and meaningful, under Va. Code § 59.1-578 C. In practice, it is the Privacy Policy. What the law defines are the five mandatory content categories the document must cover.

**2. Does the Privacy Policy need to mention Data Protection Assessments?**
It does not need to publish the content of assessments, which are confidential. But it is advisable for the Policy to mention that the business conducts Data Protection Assessments for high-risk activities as part of its compliance commitment. The Attorney General may request the assessments via civil investigative demand (Va. Code § 59.1-580 D).

**3. How many times per year is DSAR processing free of charge?**
Twice per year per consumer, under Va. Code § 59.1-577 B, 3. This differs from the NHDPA, which provides free service only once per year. From the third request within the same 12-month period, the business may charge a reasonable fee or decline if the request is manifestly unfounded, excessive, or repetitive, provided the business demonstrates the excessive nature.

**4. What happens if the business does not have a compliant Privacy Policy when it receives an Attorney General notice?**
The Attorney General sends notice with 30 days to cure (Va. Code § 59.1-584 B). If the business fails to implement the required elements within the deadline or breaches the written correction statement provided, the AG may seek penalties of up to US$ 7,500 per violation. Each consumer affected can be counted as a separate violation, which escalates the financial exposure quickly.

**5. How does the VCDPA treat teenager protection for ages 13 to 15?**
The VCDPA does not have a specific protection for this age range in the general law framework, unlike the NHDPA. For children under 13, COPPA applies. Protection for teenagers aged 13 to 15 appears only in the specific section for social media platforms (Va. Code § 59.1-577.1), where "minor" is defined as any person under 16, with a 1-hour daily usage limit and verifiable parental consent requirements.

[Ready to build a Privacy Policy for your site that complies with the VCDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Virginia VCDPA compliance

Virginia VCDPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/virginia-vcdpa-cookies-policy/), which declares every tracker and its purpose; the [privacy portal](https://goadopt.io/en/blog/virginia-vcdpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


Virginia VCDPA: Privacy Policy

Every tool you install on your site places something on the visitor's device before any question is asked.

This page covers one piece of the picture. For the full scope of the VCDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the VCDPA and cookies](https://goadopt.io/en/blog/virginia-vcdpa-and-cookies-all-you-need-to-know/).

An advertising pixel starts tracking behavior as soon as the page loads. Google Analytics begins measuring sessions before the first click. A support chat already knows where the user came from before any message is sent.

The Virginia Consumer Data Protection Act (VCDPA, Va. Code § 59.1-575 et seq.), in effect since January 1, 2023, changed the relationship between these trackers and user consent.

This article focuses exclusively on what the VCDPA requires from a Cookies Policy: what the document must contain, how tracker consent must work, and what the law says about each specific point.

## Cookies Policy vs. cookie banner: the distinction that matters

The [cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) is the visual consent element. It is what the visitor sees when they first access the site. It must be clear, offer real options, and block non-essential trackers before they fire.

The Cookies Policy is the detailed document. It is where the user finds complete information about every technology operating on the site, its purposes, the data it collects, who receives it, and how long it is retained.

Both need to exist. Both need to be aligned. And the Cookies Policy must be accessible through a clear link within the [consent notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) itself.

## What the VCDPA specifically requires for cookies

### Specific purpose for each tracker category

Va. Code § 59.1-578 A, 2 prohibits processing data for purposes incompatible with those disclosed, except with new consent. And Va. Code § 59.1-578 C, 2 requires the purpose of processing to be included in the privacy notice.

For cookies, each category needs a purpose description specific enough for the consumer to understand what they are agreeing to.

What does not work: "we use cookies to improve your experience." That is not a purpose. It is a vague description that does not create compliance and does not protect the business.

What works:

"Analytics cookies: collect browsing behavior data, including pages visited, session duration, and traffic source. Used to identify opportunities to improve site content and user experience."

"Advertising cookies: collect behavioral data across non-affiliated websites over time to build interest profiles and display personalized ads on other platforms. Include pixels from platforms such as Meta Ads, Google Ads, and TikTok."

### The categories of cookies present on the site

The Policy must list the categories of trackers operating on the site. The main ones:

**Necessary cookies:** essential for basic functionality. Authentication, session security, shopping cart. These do not require consent but must be documented.

**Analytics cookies:** measure browsing behavior. Google Analytics, Hotjar, Clarity, and similar tools. These require consent in most cases because they collect data that may identify users through cross-referencing.

**Advertising cookies:** feed ad pixels, build behavioral profiles, enable remarketing. These always require explicit consent and, if used for targeted advertising as defined by the VCDPA, require specific disclosure and an opt-out.

**Functional cookies:** remember user preferences, such as selected language or recently viewed items. May or may not require consent depending on the nature of the data retained.

**Third-party cookies:** fired by external services integrated into the site. [Correct tag categorization](https://goadopt.io/en/blog/difference-cookies-local-storage-session-storage/) is what makes it possible to document each one accurately and keep the inventory up to date.

### Targeted advertising: the specific disclosure requirement

The VCDPA has a requirement that goes beyond the general privacy notice. Va. Code § 59.1-578 D requires that if the business processes data for targeted advertising, it must disclose this **clearly and conspicuously**, with the opt-out mechanism accessible.

Targeted advertising, under Va. Code § 59.1-575, consists of ads based on data collected from the consumer's activities over time and across non-affiliated websites or applications. This covers any retargeting pixel, custom audience in ad platforms, or any technology that carries data from your site to an external advertising network.

What does not constitute targeted advertising under the VCDPA:

Ads based on activities within the controller's own websites or applications.

Contextual ads based on the consumer's current search query or current site visit.

Ads directed to a consumer in response to their request for information.

Data processed solely for measuring advertising performance, reach, or frequency.

If your site has any pixel that sends data to an external advertising network, you are operating targeted advertising under the VCDPA definition. The Cookies Policy must explicitly state this and the opt-out must work.

### Categories of data shared with third parties via cookies

Va. Code § 59.1-578 C, 4 and 5 require the privacy notice to disclose which categories of data are shared with third parties and which categories of third parties receive them.

For cookies, this translates into clearly declaring:

If a Meta Pixel transfers behavioral data to Meta, it must be documented.

If Google Analytics sends session data to Google, it must be stated.

If CRM tools receive form submission data from the site, they must be identified.

Every data flow leaving the controller's environment must be categorized and described.

### Retention period for each category

Va. Code § 59.1-578 A, 1 requires that collection be limited to what is adequate, relevant, and reasonably necessary for the declared purposes. The minimization principle implies the need to disclose how long data is stored.

For the Cookies Policy, this means documenting:

How long each cookie category remains active on the user's device.

How long data collected via cookies is retained in the business's systems.

When and how data is deleted after the retention period.

### The targeted advertising opt-out mechanism

The VCDPA guarantees consumers the right to opt out of the processing of their data for targeted advertising, under Va. Code § 59.1-577 A, 5.

Va. Code § 59.1-578 D requires that the disclosure of targeted advertising come with the opt-out mechanism. The Cookies Policy must describe how the consumer can exercise this opt-out and the link must be accessible.

A well-configured [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) ensures that when the user opts out of targeted advertising, all corresponding pixels and trackers stop firing automatically.

## What constitutes valid consent for cookies under the VCDPA

Va. Code § 59.1-575 defines consent as a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement. This may include a written statement, including by electronic means, or any other unambiguous affirmative action.

The correct standard for cookies: non-essential technologies off by default. The user chooses what to enable, not what to disable.

### What is not valid consent

Accepting general terms of use that contain data processing descriptions mixed with other conditions.

Continuing to browse the site without any explicit action.

Interfaces that use design to make opting out harder than accepting.

Banners that reappear until the user accepts.

Cookie walls that block access to content until all cookies are accepted.

The VCDPA does not use the term "dark patterns" explicitly as the NHDPA does, but the principle of free, specific, informed, and unambiguous consent renders the same manipulative design patterns invalid.

## Do analytics cookies require consent under the VCDPA?

In most cases, yes.

The VCDPA defines personal data as any information linked or reasonably linkable to an individual. Analytics cookies from major platforms collect identifiers that, when cross-referenced with other data the provider holds, can identify a specific user.

The safest approach: treat analytics cookies as non-necessary in the banner, block them before acceptance, and document this categorization in the Cookies Policy.

## Special protection for minors' data

Va. Code § 59.1-578 F establishes specific protections for known children under 13:

Prohibition on processing for targeted advertising, data sale, and profiling with significant effects.

Processing only when reasonably necessary to provide the online service, product, or feature.

No use of data for purposes beyond those disclosed at collection.

Retention only for the time necessary to provide the service.

For social media platforms, protection extends to minors under 16 starting January 2026 (Va. Code § 59.1-577.1), with a 1-hour daily usage limit.

If your site may have users under 13, the Cookies Policy must describe how their data is treated differently.

## When to update the Cookies Policy

Whenever the site begins using a new tool that fires cookies or trackers. The technology inventory of the site must stay synchronized with the document.

Situations that require an update:

Adding a new advertising pixel.

A new analytics or heatmap tool.

A new chat, support, or engagement plugin.

A new CRM or email marketing platform integration.

Any new partner that receives behavioral data from site users.

Continuous [data mapping](https://goadopt.io/en/blog/what-is-privacy-by-design/) is what maintains this synchronization. When the technology inventory changes, the Cookies Policy must change with it.

## The Cookies Policy and the VCDPA cure period

The Attorney General must provide a **guaranteed 30-day cure period** before initiating any action (Va. Code § 59.1-584 B). An inadequate Cookies Policy can be corrected within that period if the business has its processes structured.

However, if the violation continues or the business breaches the correction statement provided, penalties can reach **US$ 7,500 per violation**, with each affected consumer potentially constituting a separate violation.

## How AdOpt helps with the Cookies Policy under the VCDPA

AdOpt's automatic scan identifies all technologies active on the site, feeding the list of categories that must appear in the Cookies Policy.

The [cookie notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) configured through AdOpt blocks non-essential trackers before acceptance, presents categories with clear descriptions, offers real choice options, and logs every interaction for audit purposes.

The integration with the business's systems ensures that targeted advertising opt-outs are processed automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Cookies Policy for your site that complies with the VCDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what your Cookies Policy needs for the VCDPA

**Visible link** in the site footer and within the cookie banner itself.

**Listing of cookie categories** with a description of what each one does on the site.

**Specific purpose for each category**, without vague descriptions (Va. Code § 59.1-578 C, 2).

**Clear and conspicuous disclosure of targeted advertising** with an accessible opt-out mechanism (Va. Code § 59.1-578 D).

**Categories of data shared with third parties** via cookies (Va. Code § 59.1-578 C, 4).

**Categories of third parties** that receive data via cookies (Va. Code § 59.1-578 C, 5).

**Retention period** for each cookie category.

**Non-essential cookies disabled by default** in the banner, without manipulative design patterns.

**Protection for data of known children under 13** with a differentiated flow (Va. Code § 59.1-578 F).

**Protection for minors under 16 on social media platforms** where applicable (Va. Code § 59.1-577.1, effective Jan 2026).

**Accessible language**, without legal jargon.

**No cookie walls**.

## FAQ: VCDPA and Cookies Policy

**1. Does the VCDPA require a separate document called a "Cookies Policy"?**
Not by name. The disclosure requirements for trackers are distributed between the privacy notice (Va. Code § 59.1-578 C) and the targeted advertising disclosure requirement (Va. Code § 59.1-578 D). A dedicated Cookies Policy is the most organized way to meet all of these requirements in a user-accessible format.

**2. Do analytics cookies always require consent under the VCDPA?**
In most cases, yes. Analytics cookies from major platforms collect data that may identify users through cross-referencing with other information the provider holds, falling within the definition of personal data in Va. Code § 59.1-575. Tools with genuine anonymization and no technical re-identification capability may be an exception. The safest approach is to treat them as non-necessary in the banner.

**3. How quickly must the opt-out of targeted advertising be processed?**
The VCDPA does not specify a separate cessation deadline after opt-out, unlike the NHDPA which has a specific 15-day period. In the VCDPA, the criterion is "without undue delay" for the general response, with a maximum of 45 days (Va. Code § 59.1-577 B, 1). In practice, for targeted advertising opt-outs, the expectation is that cessation is processed with the greatest technically reasonable agility.

**4. Does a third-party advertising pixel constitute "sale of data" under the VCDPA?**
It depends on the structure. The VCDPA defines sale as the exchange of data for monetary consideration. If the pixel sends data to an ad platform and in return the business receives paid advertising services, there are divergent legal positions on whether this constitutes a sale. The safest approach is to treat it as targeted advertising (which also requires opt-out) and disclose explicitly in the Cookies Policy.

**5. What changes for social media platforms starting January 2026?**
Va. Code § 59.1-577.1 comes into effect on January 1, 2026 and requires social media platforms to determine if users are under 16, limit their use to 1 hour per day, and allow parents to adjust this limit through verifiable parental consent. The Cookies Policy must describe how age identification data is collected and used solely for that purpose, without application to other processing activities.

[Ready to build a Cookies Policy for your site that complies with the VCDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Virginia VCDPA compliance

Virginia VCDPA compliance rests on documents that need to agree with each other: the [privacy policy](https://goadopt.io/en/blog/virginia-vcdpa-privacy-policy/), which explains what you do with the data; the [privacy portal](https://goadopt.io/en/blog/virginia-vcdpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


Virginia VCDPA: Cookies Policy

A Virginia resident visits your site, uses your content, and at some point decides to exercise the rights the law guarantees them. They want to know what you have on them. They want to correct an inaccuracy. They want you to stop using their data for ads.

This page covers one piece of the picture. For the full scope of the VCDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the VCDPA and cookies](https://goadopt.io/en/blog/virginia-vcdpa-and-cookies-all-you-need-to-know/).

What happens from that point on?

The Virginia Consumer Data Protection Act (VCDPA, Va. Code § 59.1-575 et seq.), in effect since January 1, 2023, defines exactly what must happen: the channel to receive the request, the deadline to respond, the appeal process in case of denial, and what happens when the business does not comply.

This article covers all of it.

## What is a DSAR?

DSAR stands for Data Subject Access Request. In practice, it is any formal request made by a consumer to exercise the rights the law grants them over their own data.

This includes asking to see what you collected, correcting incorrect information, requesting deletion of their data, asking for a portable copy, refusing the use of their data for targeted advertising, or contesting a decision you made about a previous request.

If you are already familiar with the [GDPR](https://goadopt.io/en/blog/gdpr-cookies-explained/), the DSAR framework is familiar. The VCDPA follows the same logic: the consumer needs a functional channel to exercise the rights the law guarantees.

## What are consumer rights under the VCDPA?

Under Va. Code § 59.1-577 A, Virginia residents have five main rights:

### Right to access and confirmation

The consumer can request confirmation that the business processes their data and obtain a copy of the personal data the business holds, under Va. Code § 59.1-577 A, 1.

The response must be provided in an accessible and comprehensible format.

### Right to correction

The consumer can request correction of inaccuracies in personal data, taking into account the nature of the data and the purposes of processing, under Va. Code § 59.1-577 A, 2.

This covers any outdated, incomplete, or incorrect data. The business cannot ignore this request.

### Right to deletion

The consumer can request deletion of data they provided or that was obtained about them, under Va. Code § 59.1-577 A, 3.

There is a valid alternative in the VCDPA that does not exist in other laws: if the business obtained data from a source other than the consumer, it can fulfill the deletion request in two ways. It can delete the data outright, or it can retain the minimum data necessary to ensure the consumer's personal data remains deleted from active records and is not used for any other purpose (Va. Code § 59.1-577 B, 5).

### Right to portability

The consumer can obtain a copy of their data in a portable and, where technically feasible, readily usable format, when processing is carried out by automated means, under Va. Code § 59.1-577 A, 4.

This makes it easier to transfer data to another controller.

### Right to opt-out

The consumer can refuse the processing of their data for three specific purposes (Va. Code § 59.1-577 A, 5):

Targeted advertising (ads based on activities across non-affiliated websites over time).

Sale of personal data to third parties.

Profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer (such as access to credit, housing, insurance, employment, or healthcare services).

## Right to appeal

Under Va. Code § 59.1-577 C, if the business denies a request, the consumer has the right to appeal the decision.

The appeal process must:

Be conspicuously available and easy to find.

Be comparable to the original request submission process.

Result in a written response within **60 days**, including the decision and the reasoning.

If the appeal is denied, the business must inform the consumer about how to contact the Virginia Attorney General to file a complaint. Va. Code § 59.1-577 C specifies that, if available, the mechanism to contact the Attorney General should be online.

## What are the response deadlines?

The VCDPA is direct on deadlines.

**45 days** from receipt of an authenticated request (Va. Code § 59.1-577 B, 1).

The deadline can be extended by another **45 days** when reasonably necessary, considering complexity and volume of requests, as long as the consumer is notified within the initial period with the reason for the extension.

**60 days** to respond to appeals (Va. Code § 59.1-577 C).

These deadlines start when the request is received and authenticated. If additional information is needed to verify the consumer's identity, the deadline is paused until authentication is completed.

## What counts as "receipt" of a request?

Va. Code § 59.1-577 B uses the term "receipt of the request." For deadline purposes, the request is received when the business has the minimum information needed to process it.

The identity verification process can influence this marker. If the business requests additional information to authenticate the consumer, the deadline is paused until authentication is completed, under Va. Code § 59.1-577 B, 4.

This is why the verification process must be agile, proportionate to the type of data involved, and clearly described in the submission channel.

## What should the request submission channel look like?

Under Va. Code § 59.1-578 E, the controller must establish and describe in the Privacy Policy at least one secure and reliable means for consumers to submit rights requests.

This means must:

Consider how consumers normally interact with the controller.

Ensure secure and reliable communication.

Allow the controller to authenticate the consumer's identity.

Not require the consumer to create a new account. The business may require use of an existing account, but cannot force the user to register a new one just to exercise a legal right.

A well-structured Privacy Portal offers:

A request submission form with clear categories (access, correction, deletion, portability, opt-out).

A proportionate and non-discriminatory identity verification process.

Automatic receipt confirmation with a tracking reference number.

A log of each request, action taken, and response sent.

An appeal channel for denied cases.

The [cookie consent on the site](https://goadopt.io/en/blog/operation-of-cookie-banner/) and the Privacy Portal must be integrated so that consumer preferences are reflected in real time in the business's operational systems.

## Identity verification: how to do it without creating barriers

The VCDPA requires the controller to authenticate the consumer's identity using commercially reasonable efforts, under Va. Code § 59.1-577 B, 4.

If authentication is not possible with commercially reasonable efforts, the business is not required to fulfill the request, but may ask for additional information that is reasonably necessary.

In practice, this means:

For low-risk data: an email confirmation may be sufficient.

For sensitive data or higher-risk situations: a second verification factor may be justified.

What is never acceptable: requiring physical ID documents for access to simple browsing data, creating deliberately burdensome processes to discourage requests, or denying requests based on impossible authentication when simpler methods are available.

## Fees: what the law says

Under Va. Code § 59.1-577 B, 3, request processing is free of charge **up to twice per year** per consumer.

This is an important point of difference from other state laws. The [NHDPA](https://goadopt.io/en/blog/new-hampshire-nhdpa-and-cookies-all-you-need-to-know/), for example, provides free service only once per year. The VCDPA guarantees twice.

From the third request within the same 12-month period, the business may charge a reasonable fee or decline if the request is manifestly unfounded, excessive, or repetitive. The burden of demonstrating the excessive nature lies with the business.

## How to process each type of DSAR in practice

### Access request

Receive and authenticate the data subject.

Locate all personal data the business holds about this consumer across all systems.

Prepare a copy in a readable and accessible format.

Include in the response: categories of data, purposes of processing, third parties with whom the data was shared.

Send the response within the 45-day deadline.

An up-to-date data inventory is what makes this process viable at scale.

### Correction request

Receive and authenticate.

Identify which data is inaccurate and in which systems it is stored.

Correct in primary systems and, where applicable, notify third parties that received the data so they can also make the correction on their side.

Confirm to the consumer that the correction was made.

### Deletion request

Receive and authenticate.

Check whether a legal exception exists that allows retaining the data (legal obligation, judicial defense, protected purpose).

If no exception: delete from active systems. For data obtained from third parties, there is the option of retaining the minimum necessary to ensure the data remains deleted from active records (Va. Code § 59.1-577 B, 5).

Notify third parties that received the data to also delete it where applicable.

Confirm to the consumer what was deleted and, if any partial retention is justified, explain the legal basis.

### Portability request

Receive and authenticate.

Generate a file with the consumer's data in a portable and machine-readable format, such as JSON or CSV.

Deliver it to the consumer securely within the deadline.

### Opt-out request

The opt-out of targeted advertising, data sale, or profiling with significant effects must result in the effective cessation of processing for those purposes.

The VCDPA does not specify a separate cessation deadline, unlike the NHDPA which has a specific 15-day period. The legal standard is "without undue delay" within the general 45-day response period. In practice, well-configured systems process opt-outs in real time or within a few hours.

A [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) integrated with the business's systems automates this workflow.

## What happens when the business denies a request?

The business may deny a request when:

It cannot authenticate the consumer's identity with commercially reasonable efforts.

The request is manifestly unfounded or excessive.

A legal exception justifies continued processing or retention.

In all cases, the denial must be communicated to the consumer within the 45-day deadline, with:

The reason for the denial clearly stated.

Instructions on how to appeal the decision (Va. Code § 59.1-577 B, 2).

The appeal process must result in a written response within 60 days. If the appeal is also denied, the consumer must be informed about how to contact the Virginia Attorney General.

## Protection against discrimination

Va. Code § 59.1-578 A, 4 expressly prohibits businesses from discriminating against consumers who exercise their rights. This includes denying products or services, charging different prices, or offering lower quality.

The exception: voluntary loyalty, rewards, premium features, discount, or club card programs that offer benefits in exchange for data use are permitted, provided the consumer participates voluntarily.

## Special protection for children and minors

Va. Code § 59.1-578 F prohibits processing data of known children under 13 for targeted advertising, data sale, or profiling with significant effects.

For social media platforms, starting January 2026, protection extends to minors under 16, with a 1-hour daily usage limit (Va. Code § 59.1-577.1).

If your portal receives requests from users in these age ranges, the process must have a differentiated flow.

## Documentation and records

Every processed request must be documented. This includes:

Date and time of receipt.

Type of request.

Authentication process performed.

Action taken (fulfilled, denied, or alternative adopted).

Date and form of response to the consumer.

In case of denial: recorded justification.

In case of appeal: complete history and final decision.

This documentation is what protects the business in the event of an Attorney General investigation. Without records, there is no way to demonstrate that processes were completed within the required deadlines.

## The cure period and its relationship to DSARs

Before initiating any action, the Attorney General must send notice with **30 days** for the business to cure the violation (Va. Code § 59.1-584 B). If the business cures and provides a written correction statement, no action is initiated.

Businesses without a structured DSAR process have great difficulty correcting in 30 days what should have been implemented from the start. The cure period is a guarantee, not a compliance strategy.

If the violation continues, penalties can reach **US$ 7,500 per violation**, with each consumer whose right was violated potentially counting as a separate violation.

## How AdOpt helps with the Privacy Portal

AdOpt logs every consent and opt-out interaction with a timestamp and unique identifier. When the consumer opts out of targeted advertising through the Privacy Portal, the system automatically updates cookie and tracker triggers.

AdOpt's auditable log serves as evidence that processes were completed as required by the VCDPA. And when legislation changes, the platform updates automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the VCDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the VCDPA

**Request submission channel** without requiring creation of a new account (Va. Code § 59.1-578 E).

**Coverage of all 5 rights** guaranteed by the VCDPA: access, correction, deletion, portability, and opt-out.

**Conspicuously available appeal process** comparable to the original submission channel (Va. Code § 59.1-577 C).

**45-day response deadline**, with the option to extend by another 45 days with notification (Va. Code § 59.1-577 B, 1).

**60-day deadline** to respond to appeals (Va. Code § 59.1-577 C).

**Commercially reasonable identity authentication** process (Va. Code § 59.1-577 B, 4).

**Free service up to twice per year** per consumer (Va. Code § 59.1-577 B, 3).

**Documented record** of each request, action taken, and response sent.

**Information about how to contact the Attorney General** in case of a denied appeal (Va. Code § 59.1-577 C).

**Non-discrimination protection** for consumers exercising their rights (Va. Code § 59.1-578 A, 4).

**Differentiated treatment** for known children under 13 (Va. Code § 59.1-578 F).

**Notification to third parties** where applicable for deletion or correction of shared data.

## Comparison: Privacy Portal deadlines under the VCDPA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Access, correction, deletion, portability | 45 days | +45 days with notification |
| Opt-out (advertising, sale, profiling) | 45 days | +45 days with notification |
| Appeal of a decision | 60 days | Not specified |
| Cure period for violations | 30 days guaranteed | No extension |

## FAQ: VCDPA and Privacy Portal

**1. Does the VCDPA require a dedicated Privacy Portal?**
Not by name. Va. Code § 59.1-578 E requires the controller to establish and describe in the Privacy Policy at least one secure and reliable means for submitting requests. A dedicated Privacy Portal is the most organized way to meet this requirement, but a well-structured contact form or a monitored email address can also fulfill the obligation, as long as they meet the security and reliability criteria.

**2. Does the VCDPA have a specific deadline to cease processing after an opt-out?**
Not in the same way as the NHDPA, which specifies 15 days. The VCDPA uses the criterion "without undue delay" for the general response, with a maximum of 45 days (Va. Code § 59.1-577 B, 1). In practice, for targeted advertising opt-outs, the expectation is that cessation is processed with the greatest technically reasonable agility, within the formal response deadline.

**3. How many times per year must the business process DSARs free of charge?**
Twice per year per consumer, under Va. Code § 59.1-577 B, 3. From the third request within the same 12-month period, the business may charge a reasonable fee or decline if the request is manifestly unfounded, excessive, or repetitive. The burden of proving the excessive nature lies with the business.

**4. What happens if the business does not have a DSAR process when it receives an Attorney General notice?**
The Attorney General sends notice with 30 days to cure (Va. Code § 59.1-584 B). If the business fails to implement the process within the deadline or breaches the written correction statement provided, the AG may seek penalties of up to US$ 7,500 per violation. Each consumer whose right was violated can be a separate violation, which quickly escalates the financial exposure.

**5. How does the VCDPA handle data of consumers obtained from third parties in the context of a deletion request?**
Va. Code § 59.1-577 B, 5 offers a specific alternative for this case. A business that obtained data from a source other than the consumer may fulfill the deletion request in two ways: by deleting the data outright, or by retaining the minimum data necessary to ensure the consumer's personal data remains deleted from active records and is not used for any purpose other than maintaining that deletion. This alternative does not exist in the NHDPA or in some other US state privacy laws.

[Ready to build a Privacy Portal for your site that complies with the VCDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Virginia VCDPA compliance

Virginia VCDPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/virginia-vcdpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/virginia-vcdpa-privacy-policy/), which explains what you do with the data.


Virginia VCDPA: DSAR Privacy Portal

If the Florida Digital Bill of Rights (FDBR) applies to your business, you have specific obligations about what must be in the Privacy Policy, how it should be presented, and how often it must be updated.

This page covers one piece of the picture. For the full scope of the FDBR — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the FDBR and cookies](https://goadopt.io/en/blog/florida-fdbr-and-cookies-all-you-need-to-know/).

The FDBR (§§ 501.701 to 501.721), in effect since July 1, 2024, has one requirement that sets it apart from other US state privacy laws: the privacy notice must be updated **at least annually**, not only when there are material changes to processing practices.

This article focuses exclusively on what the FDBR requires from your Privacy Policy, point by point, based on the official text of the law.

## What the FDBR calls a Privacy Notice

The law uses the term "privacy notice." In practice, it is the Privacy Policy that most websites already have, but with specific content requirements and an annual update obligation.

§ 501.711 requires the controller to provide consumers with a privacy notice that is "reasonably accessible and clear, updated at least annually," containing six mandatory categories of information.

## What must be in the Privacy Policy under the FDBR

### 1. Categories of personal data processed

The document must list the categories of personal data the business processes, including, if applicable, any sensitive data processed (§ 501.711(1)(a)).

The FDBR is explicit in requiring specific mention of sensitive data when it is processed. This creates an additional layer of clarity compared to other state laws.

Personal data under the FDBR (§ 501.702(19)) includes any information linkable to an identified or identifiable individual, including pseudonymous data when used in conjunction with information that links the individual. Geolocation data, device identifiers, browsing history, and biometric data fall within this scope.

### 2. The purpose of processing

The document must explain what the data is used for (§ 501.711(1)(b)).

The purposes must be specific and correspond to what actually happens. § 501.71(2)(a) prohibits processing for purposes incompatible with those disclosed, except with consumer consent.

§ 501.711(5) goes further: the controller cannot collect additional categories of data or use collected data for additional purposes without providing prior notice to the consumer. Any expansion of the collection or use scope must be communicated.

### 3. How consumers exercise all seven rights

The document must describe how consumers can exercise all rights guaranteed by the FDBR (§ 501.711(1)(c)), including the appeal process.

Unlike most other state laws that guarantee five rights, the FDBR guarantees **seven**. The Privacy Policy must describe how the consumer can exercise each of them:

The right to access and confirmation.

The right to correction.

The right to deletion.

The right to portability.

The right to opt out of targeted advertising, data sale, and profiling with significant effects.

The right to opt out of collection of sensitive data, including precise geolocation.

The right to opt out of collection via voice or facial recognition features.

And how the appeal process works when a request is denied.

The [data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/) must have these workflows mapped and operationally functional before publishing the document.

### 4. Categories of data shared with third parties

If the business shares data with third parties, the document must disclose which categories of data are shared (§ 501.711(1)(d)).

This covers analytics platforms, CRMs, email marketing tools, advertising networks, payment processors, and any other service that receives user data.

In the FDBR, the concept of "sale" is broader than in other laws. § 501.702(29) includes sharing for non-monetary valuable consideration in addition to monetary. A company that exchanges data with partners to receive services or other benefits may be conducting a "sale" under the FDBR definition.

### 5. Categories of third parties that receive data

In addition to the types of data, the Policy must disclose which categories of third parties receive them (§ 501.711(1)(e)).

Categories such as "digital advertising platforms," "analytics tools," "CRM systems," and "payment processors" are valid examples. Categories must be identifiable enough for the consumer to understand who accesses their data.

### 6. Description of the request submission methods

§ 501.711(1)(f) requires the Policy to describe the methods specified in § 501.709 for consumers to submit requests.

Here is a requirement specific to the FDBR: the controller must have **two or more methods** for submitting requests (§ 501.709). These methods must be secure, reliable, and clearly and conspicuously accessible. The Privacy Policy must describe all of them.

The business must also maintain a mechanism on its own website for request submission. Businesses that operate exclusively online and have a direct consumer relationship may additionally accept requests by email.

## Specific mandatory notices for sales of sensitive and biometric data

The FDBR has two specific notices that do not exist in other US state privacy laws.

If the controller engages in the sale of personal data that is sensitive data, it must display: **"NOTICE: This website may sell your sensitive personal data."** (§ 501.711(2))

If the controller engages in the sale of personal data that is biometric data, it must display: **"NOTICE: This website may sell your biometric personal data."** (§ 501.711(3))

These notices must be posted in accordance with the accessibility requirements of § 501.711(1) and are mandatory whenever these practices occur.

## Disclosure of targeted advertising and data sale

If the business sells personal data to third parties or processes it for targeted advertising, § 501.711(4) requires clear and conspicuous disclosure of this practice, along with the manner in which the consumer can opt out.

The FDBR defines targeted advertising (§ 501.702(33)) more broadly than other laws: it includes ads based on consumer activity data across **affiliated or unaffiliated** websites over time. This broadens the scope compared to laws like the [VCDPA](https://goadopt.io/en/blog/virginia-vcdpa-and-cookies-all-you-need-to-know/), which covers only non-affiliated websites.

## The mandatory annual update

§ 501.711(1) is explicit: the privacy notice must be updated **at least annually**. It is not enough to update only when there are material changes, as is common practice under other laws.

In practice, this means every company within the FDBR's scope needs an internal annual review process for the Privacy Policy, even if nothing has substantially changed in processing practices.

Situations that require immediate updates (in addition to the annual review):

Adding a new category of data collected.

Using existing data for new purposes.

New partners receiving consumer data.

Changes in data sale practices.

Introduction of new voice or facial recognition features.

## Protection of sensitive data: additional requirements

Sensitive data receives special treatment under the FDBR. The Privacy Policy must explicitly identify whether sensitive data is collected and which categories.

Under § 501.702(31), sensitive data includes: racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, citizenship or immigration status, genetic or biometric data for identification, known children's personal data, and precise geolocation data.

For each category of sensitive data collected, the Policy must explain how the consumer's consent is obtained and how it can be revoked.

For known children between 13 and 18, the FDBR requires their affirmative authorization (§ 501.71(2)(d)). For children under 13, COPPA applies.

## The device surveillance prohibition

§ 501.705(3) prohibits devices with voice recognition, facial recognition, video recording, audio recording, or other data collection features from being used for surveillance when not in active use by the consumer, without express authorization.

The Privacy Policy must mention this prohibition and describe how the business's devices are configured to comply with it.

## Children's data: "child" means under 18 years of age

The FDBR uses a broader definition. "Known child" (§ 501.702(17)) is any individual under **18 years of age** of whose age the controller has actual knowledge or willfully disregards.

This differs from most US laws that use 13 years as the threshold. If the site may have users under 18 whose age is known to the controller, the FDBR's special protections apply.

The Privacy Policy must describe how data of known users under 18 is treated differently.

## Data Protection Assessments

§ 501.713 requires controllers to conduct and document Data Protection Assessments for:

Processing data for targeted advertising.

Sale of personal data.

Processing for profiling with a reasonably foreseeable risk of harm.

Processing sensitive data.

Any processing presenting a heightened risk of harm.

Assessments are confidential. The Department of Legal Affairs may request access, and disclosure in response to that request does not constitute waiver of attorney-client privilege.

The Privacy Policy does not need to publish the assessments, but should communicate that the business conducts impact assessments for high-risk activities.

## Data retention: the 2-year limit

§ 501.719(3) requires adoption of a retention schedule that prohibits use or retention of personal data after:

The fulfillment of the initial collection purpose.

The expiration or termination of the contract.

**2 years after the consumer's last interaction with the controller.**

The Privacy Policy must mention the retention periods adopted for each data category and the existence of this 2-year limit.

## Enforcement and penalties

Violations of the FDBR are treated as unfair and deceptive trade practices by the Department of Legal Affairs, with penalties up to **US$ 50,000 per violation**.

Penalties are triplicable for violations involving known Florida children, failure to delete or correct data after an authenticated request, and continuation of data sale or sharing after consumer opt-out.

The 45-day cure period is discretionary. There is no guarantee it will be granted, and for violations involving children, it is not available.

## How AdOpt supports compliance with the FDBR

AdOpt ensures that what is written in the Policy has real correspondence with what actually happens on the site.

The automatic scan identifies all active technologies, feeding the list of data categories and third parties that must appear in the document. The [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) ensures the consent and opt-out mechanism works as described, including the additional rights specific to the FDBR.

Every consent interaction is logged. If the Department requests evidence, the record is available.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Policy for your site that complies with the FDBR? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Policy must contain for the FDBR

**Visible and accessible link** on all pages of the site.

**Updated at least annually**, even without material changes (§ 501.711(1)).

**Categories of personal data processed**, including sensitive data if applicable (§ 501.711(1)(a)).

**Purpose of processing** for each category, without vague descriptions (§ 501.711(1)(b)).

**How to exercise all 7 rights** guaranteed by the FDBR, with processes, channels, and deadlines (§ 501.711(1)(c)).

**Appeal process** described with a 60-day deadline.

**Categories of data shared with third parties** (§ 501.711(1)(d)).

**Categories of third parties** that receive data (§ 501.711(1)(e)).

**Description of the two or more submission methods** for consumer requests (§ 501.711(1)(f)).

**Notice of sensitive data sale** when applicable (§ 501.711(2)).

**Notice of biometric data sale** when applicable (§ 501.711(3)).

**Disclosure of targeted advertising or data sale** with accessible opt-out (§ 501.711(4)).

**Differentiated treatment for known children** under 18 years of age (§ 501.702(17)).

**Device surveillance prohibition** and how it is implemented (§ 501.705(3)).

**Retention periods** for each data category, including the 2-year limit (§ 501.719(3)).

**Non-discrimination policy** for consumers exercising their rights.

**Free service at least twice per year** per consumer.

## FAQ: FDBR and Privacy Policy

**1. Does the FDBR require the Privacy Policy to be updated annually even without changes?**
Yes. § 501.711(1) explicitly requires the privacy notice to be "updated at least annually." This differs from other US state privacy laws that require updates only when there are material changes. Companies within the FDBR's scope need a mandatory annual review process.

**2. What specific notices does the FDBR require that do not exist in other laws?**
The FDBR requires two specific notices. If the controller sells sensitive data, it must display: "NOTICE: This website may sell your sensitive personal data." If it sells biometric data: "NOTICE: This website may sell your biometric personal data." These notices are exclusive to the FDBR among US state privacy laws (§ 501.711(2) and (3)).

**3. How does the FDBR define "child" differently from other laws?**
The FDBR defines "known child" as any individual under 18 years of age of whose age the controller has actual knowledge or willfully disregards (§ 501.702(17)). Most other state laws use 13 years. This means businesses within the FDBR's scope need specific protections for users up to 17 years old, not just those under 13.

**4. Does the Privacy Policy need to mention the device surveillance prohibition?**
Yes. § 501.705(3) prohibits devices with voice, video, facial recognition, or other sensor features from being used for surveillance when not in active use by the consumer, without express authorization. For businesses that operate devices with these features, the Privacy Policy must describe how the prohibition is respected in practice.

**5. What happens if the Privacy Policy is not updated annually?**
The absence of an annual update constitutes a violation of § 501.711(1). The Department of Legal Affairs may grant a 45-day cure period for correction, but that period is discretionary. If not corrected, penalties reach up to US$ 50,000 per violation, potentially triplicable in specific circumstances (§ 501.72).

[Ready to build a Privacy Policy for your site that complies with the FDBR? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Florida FDBR compliance

Florida FDBR compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/florida-fdbr-cookies-policy/), which declares every tracker and its purpose; the [privacy portal](https://goadopt.io/en/blog/florida-fdbr-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


Florida FDBR: Privacy Policy

The Florida Digital Bill of Rights (FDBR) guarantees seven rights to Florida consumers. For each of those rights, there is a corresponding obligation on your side: a channel to receive the request, a deadline to respond, a structured appeal process, and documentation of the entire flow.

This page covers one piece of the picture. For the full scope of the FDBR — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the FDBR and cookies](https://goadopt.io/en/blog/florida-fdbr-and-cookies-all-you-need-to-know/).

This article covers all of it: what a DSAR is under the FDBR, what the seven guaranteed rights are, how to process each type of request, the law's specific deadlines, and what happens when the process does not work as it should.

## What is a DSAR under the FDBR?

DSAR stands for Data Subject Access Request. In practice, it is any formal request from a Florida consumer to exercise the rights the FDBR (§§ 501.701 to 501.721) grants them over their own data.

The FDBR guarantees seven rights, two of which are exclusive to this law. This means that a Privacy Portal for a company within the FDBR's scope must cover more scenarios than portals configured for most other US state privacy laws.

If you are already familiar with the [GDPR](https://goadopt.io/en/blog/gdpr-cookies-explained/) rights framework, the structure is familiar. The logic is the same: the consumer needs a functional channel to exercise the rights the law guarantees.

## What are the seven consumer rights under the FDBR?

Under § 501.705(2), Florida residents have the following rights:

### 1. Right to access and confirmation

The consumer may confirm whether the business processes their data and obtain a copy of the personal data the business holds, under § 501.705(2)(a).

The response must be provided in an accessible format.

### 2. Right to correction

The consumer may request correction of inaccuracies in personal data, considering the nature of the data and the purposes of processing, under § 501.705(2)(b).

The business may, if it maintains a self-service correction mechanism, direct the consumer to use it. But it must inform the consumer of this option within the response deadline (§ 501.706(3)).

### 3. Right to deletion

The consumer may request deletion of any or all data provided by or obtained about them, under § 501.705(2)(c).

The FDBR allows two forms of compliance when data was obtained from a third party (§ 501.706(6)):

Delete the data and retain only the deletion request record and the minimum data necessary to ensure the consumer's data remains deleted, without using the retained data for any other purpose.

Opt the consumer out of the processing of that data for any non-exempt purpose.

### 4. Right to portability

The consumer may obtain a copy of their data in a portable and, where technically feasible, readily usable format, if the data is available in a digital format, under § 501.705(2)(d).

### 5. Right to opt out of targeted advertising, data sale, and profiling

The consumer may refuse processing of their data for targeted advertising, sale of personal data, and profiling in furtherance of decisions with legal or similarly significant effects (§ 501.705(2)(e)).

### 6. Right to opt out of sensitive data and geolocation

The consumer may opt out of the collection of sensitive data, including precise geolocation data, or the processing of sensitive data, under § 501.705(2)(f).

This is a right exclusive to the FDBR. Sensitive data includes racial or ethnic origin, religious beliefs, health diagnosis, sexual orientation, immigration status, genetic or biometric data, known children's data, and precise geolocation (§ 501.702(31)).

### 7. Right to opt out of voice and facial recognition

The consumer may opt out of data collection via voice recognition or facial recognition features, under § 501.705(2)(g).

This is the most exclusive right of the FDBR. If the business operates voice recognition technology (virtual assistants, audio commands) or facial recognition (identity verification, expression analysis), the consumer has the right to refuse data collection via these features.

### The device surveillance prohibition

§ 501.705(3) goes beyond opt-out rights. Devices with voice, video, facial recognition, audio, or other data collection sensors cannot use these features for surveillance when not in active use by the consumer, unless they have expressly authorized it.

## What are the response deadlines?

The FDBR has deadlines that differ from other US state privacy laws.

**45 days** from receipt of an authenticated request to respond (§ 501.706(2)).

The deadline can be extended **once by 15 additional days** when reasonably necessary, considering the complexity and number of requests, as long as the consumer is notified within the initial period with the reason. The FDBR's extension period is 15 days, not 45 like other laws.

After fulfilling the request, the controller must provide **notice to the consumer within 60 days** confirming compliance (§ 501.706(4)).

**60 days** to respond to appeals (§ 501.707(3)).

Service is free **at least twice per year** per consumer (§ 501.706(5)).

## Two or more channels required for request submission

§ 501.709 requires the controller to establish **two or more methods** for submitting requests. This is a requirement exclusive to the FDBR among US state privacy laws.

The methods must be:

Secure and reliable.

Clearly and conspicuously accessible.

Appropriate for the ways consumers normally interact with the controller.

Capable of supporting authentication of the consumer's identity.

Additionally, the controller must maintain a mechanism on its own website for request submission (§ 501.709(3)). Businesses operating exclusively online with a direct consumer relationship may additionally accept requests by email.

The business cannot require consumers to create a new account to exercise their rights. It may require use of an existing account.

## How the appeal process must work

Under § 501.707, the controller must establish an appeal process that is:

Conspicuously available and easy to find.

Similar to the original request submission process.

Capable of resulting in a written response within **60 days**, including the decision and the reasoning.

The FDBR does not explicitly mention that the consumer must be informed about how to contact the Department of Legal Affairs after a denied appeal, unlike the [VCDPA](https://goadopt.io/en/blog/virginia-vcdpa-and-cookies-all-you-need-to-know/). But the business should inform consumers of available escalation channels.

## Identity verification: how to do it without creating barriers

The business needs to verify that whoever is submitting the request is the data subject. But the process cannot be a disproportionate barrier.

Under § 501.706(3), if the business cannot authenticate the request, it is not required to fulfill it, but must make a reasonable effort to request additional information reasonably necessary to authenticate the consumer and the request.

In practice:

For low-risk data: email confirmation may be sufficient.

For sensitive data or high-risk situations: a second verification factor may be justified.

What is never acceptable: disproportionate barriers relative to the type of data involved, requiring creation of a new account, or requesting more personal data than necessary to authenticate.

## Free service: at least twice per year

Service is free **at least twice per year** per consumer (§ 501.706(5)). For requests beyond that limit, or that are manifestly unfounded, excessive, or repetitive, the business may charge a reasonable fee or decline. The burden of demonstrating the excessive nature lies with the controller.

## How to process each type of DSAR in practice

### Access request

Receive and authenticate the data subject.

Locate all personal data the business holds about this consumer across all systems.

Prepare a copy in a readable and accessible format.

Include: categories of data, purposes, third parties that received the data, retention period.

Send the response within the 45-day deadline.

Send a compliance notice within 60 days (§ 501.706(4)).

### Correction request

Receive and authenticate.

Identify the inaccurate data and which systems it is stored in.

Correct in primary systems and, where applicable, notify third parties that received the data.

Confirm to the consumer that the correction was made.

If the business maintains a self-correction mechanism, it may direct the consumer to use it, but must notify within the deadline.

### Deletion request

Receive and authenticate.

Check whether a legal exception allows retaining the data.

For data obtained from third parties, choose between the two options in § 501.706(6): delete outright, or opt the consumer out of all non-exempt processing.

Notify third parties that received the data when applicable.

Confirm to the consumer what was deleted.

### Portability request

Receive and authenticate.

Generate a file with the consumer's data in a portable format, when available digitally.

Deliver to the consumer securely within the deadline.

### Opt-out of targeted advertising and data sale

Receive and authenticate.

Cease processing for targeted advertising, data sale, and profiling with significant effects without undue delay.

Configure systems to ensure this consumer is not included in those practices.

Note: continuing to sell or share data after opt-out subjects the business to **tripled penalties** (§ 501.72(1)(c)).

A [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) integrated with the business's systems automates a large part of this workflow.

### Opt-out of sensitive data and geolocation

Receive and authenticate.

Identify all sensitive data collection points on the site or in the product.

Cease collection of sensitive data for this consumer as requested.

If precise geolocation was being collected, ensure that collection stops immediately.

Document the action taken.

### Opt-out of voice and facial recognition

Receive and authenticate.

Identify all voice and camera collection features in the product.

Configure the system to not collect voice or facial recognition data from this consumer.

Document the action taken.

## What happens when the business denies a request?

The business may deny a request when:

It cannot authenticate the consumer's identity with commercially reasonable efforts.

The request is manifestly unfounded or excessive.

A legal exception justifies continued processing.

In all cases, the denial must be communicated to the consumer within the 45-day deadline (§ 501.706(3)), with:

The reason for the denial clearly stated.

Instructions on how to appeal the decision.

The appeal process must result in a written response within 60 days.

## Protection against discrimination

§ 501.71(2)(c) prohibits businesses from discriminating against consumers who exercise their rights. This includes denying products or services, charging different prices, or offering lower quality.

The exception: financial incentive programs, including payments to consumers as compensation for data processing, are permitted if the consumer gives clear prior consent to the material terms, and provided such incentives are not unjust, coercive, or unreasonable. The consent may be revoked at any time.

## Special protection: "child" means under 18 years of age

The FDBR uses a higher threshold. "Known child" (§ 501.702(17)) is any individual under **18 years of age** of whose age the controller has actual knowledge or willfully disregards.

A controller that deliberately disregards a user's age is treated as having actual knowledge of it.

For requests from known children: parents or legal guardians may exercise the seven rights on behalf of the child (§ 501.705(1)).

Penalties for violations involving known children are **automatically tripled** by the FDBR (§ 501.72(1)(a)).

## Documentation and records

Every processed request must be documented. This includes:

Date and time of receipt.

Type of request (including which of the seven rights was exercised).

Authentication process performed.

Action taken.

Date the compliance notice was sent.

In case of denial: recorded justification.

In case of appeal: complete history and final decision.

This documentation is what protects the business in the event of a Department of Legal Affairs investigation. Penalties for failure to delete or correct data after an authenticated request are tripled (§ 501.72(1)(b)).

## The FDBR cure period and DSARs

The Department of Legal Affairs may grant a **45-day cure period** before initiating action (§ 501.72(2)), but this period is **discretionary**, not guaranteed.

And there is a critical exception: **violations involving known Florida children have no cure period available** (§ 501.72(2)). The Department may initiate immediate action.

Businesses without a structured DSAR process when they receive a Department notification face significant difficulty correcting in 45 days what should have been implemented from the start.

## How AdOpt helps with the Privacy Portal under the FDBR

AdOpt logs every consent and opt-out interaction with a timestamp and unique identifier. When the consumer exercises opt-out of targeted advertising, sensitive data, or voice/facial recognition through the Privacy Portal, the system automatically updates the corresponding triggers.

AdOpt's auditable log serves as evidence that processes were completed as required by the FDBR. And when legislation changes, the platform updates automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the FDBR? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the FDBR

**Two or more submission channels** that are secure and clearly accessible (§ 501.709).

**Mechanism on the website** for request submission (§ 501.709(3)).

**Coverage of all 7 rights** guaranteed by the FDBR, including opt-out for sensitive data and voice/facial recognition.

**Conspicuously available appeal process** similar to the original submission channel (§ 501.707).

**45-day response deadline**, with extension of only 15 additional days when necessary (§ 501.706(2)).

**Compliance notice** sent to the consumer within 60 days of fulfillment (§ 501.706(4)).

**60-day deadline** to respond to appeals (§ 501.707(3)).

**Authentication process** using commercially reasonable efforts (§ 501.706(3)).

**Free service at least twice per year** per consumer (§ 501.706(5)).

**Documented record** of each request, including which right was exercised.

**Differentiated treatment** for known children under 18 years of age (§ 501.702(17)).

**Parents and legal guardians** may exercise rights on behalf of known children (§ 501.705(1)).

**Non-discrimination protection** for consumers exercising their rights (§ 501.71(2)(c)).

## Comparison: Privacy Portal deadlines under the FDBR

| Request type | Response deadline | Extension possible |
|---|---|---|
| All 7 rights | 45 days | +15 days only (not +45) |
| Compliance notice | 60 days after fulfillment | Does not apply |
| Appeal of a decision | 60 days | Not specified |
| Cure period (general violations) | 45 days (discretionary) | No extension |
| Cure period (violations with children) | Does not exist | N/A |

## FAQ: FDBR and Privacy Portal

**1. Why does the FDBR require two or more DSAR channels while other laws require only one?**
§ 501.709 explicitly requires two or more methods for submitting requests, signaling that the Florida legislature considered a single channel insufficient for different consumer profiles. The methods must be secure, reliable, and clearly accessible, taking into account how consumers normally interact with the controller. A business could use, for example, a website form as one channel and a dedicated email address as a second.

**2. Is the FDBR's extension period really only 15 additional days?**
Yes. § 501.706(2) allows an extension of only 15 additional days beyond the initial 45 days. Other state laws like the VCDPA and [NHDPA](https://goadopt.io/en/blog/new-hampshire-nhdpa-and-cookies-all-you-need-to-know/) allow extensions of 45 additional days. This means the maximum total response period under the FDBR is 60 days, versus up to 90 days under other laws. Businesses within the FDBR's scope need more agile processes to ensure compliance.

**3. Does the FDBR have a guaranteed cure period like the VCDPA?**
No. The FDBR's 45-day cure period is discretionary (§ 501.72(2)): the Department of Legal Affairs may or may not grant it, considering the number and frequency of violations, the substantial likelihood of public harm, and the safety of persons or property. Additionally, violations involving known Florida children have no cure period available. The Department may initiate immediate action in those cases.

**4. How does the FDBR treat children differently from other laws in the context of DSARs?**
The FDBR uses an 18-year threshold for "known child" (§ 501.702(17)), not 13 as most US laws do. Parents and legal guardians may exercise all seven rights on behalf of known children (§ 501.705(1)). Violations involving known children have no cure period and penalties are automatically tripled (§ 501.72(1)(a)). A controller that deliberately disregards a user's age is treated as having actual knowledge of it.

**5. What happens if the business continues selling data after the consumer opts out?**
§ 501.72(1)(c) lists continued sale or sharing of data after consumer opt-out as one of the violations that result in **automatically tripled penalties**. Each affected consumer can be counted as a separate violation, rapidly escalating the financial exposure. The base penalty reaches US$ 50,000 per violation, triplicable to US$ 150,000. For businesses with large user bases, this can represent significant financial risk.

[Ready to build a Privacy Portal for your site that complies with the FDBR? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Florida FDBR compliance

Florida FDBR compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/florida-fdbr-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/florida-fdbr-privacy-policy/), which explains what you do with the data.


Florida FDBR: DSAR Privacy Portal

California has one of the most detailed privacy policy requirements among all US state privacy laws.

This page covers one piece of the picture. For the full scope of the CCPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CCPA and cookies](https://goadopt.io/en/blog/california-ccpa-and-cookies-all-you-need-to-know/).

The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA) and codified at Cal. Civ. Code § 1798.100 et seq., requires the privacy notice to be updated every 12 months and to contain specific lists of what was collected, sold, shared, and disclosed in the preceding year.

This article focuses exclusively on what the CCPA/CPRA requires from your Privacy Policy, based on the official text of the law.

## Did the CPRA change what the CCPA requires from the Privacy Policy?

Yes, significantly. The CPRA (Proposition 24, operative since January 2023) expanded the transparency obligations of the privacy notice in three main areas:

Added the obligation to disclose the category of **sensitive personal information** when collected.

Added the **two new mandatory links** on the site: "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information."

Reinforced **data minimization** and **proportionate retention** requirements, requiring the Policy to include the period the business intends to retain each category of data.

For more on what the CPRA specifically changed, we have a dedicated guide on the [California CPRA](https://goadopt.io/en/blog/california-cpra-and-cookies-all-you-need-to-know/). This article covers the current consolidated law.

## What must be in the Privacy Policy under the CCPA/CPRA

### 1. Categories of personal information collected

The privacy notice must list the categories of personal information collected about consumers in the **preceding 12 months** (§ 1798.130(a)(5)(B)).

The CCPA/CPRA establishes specific categories that must be used for this description, under § 1798.140(v):

Identifiers (name, address, IP address, email, Social Security number, etc.).

Personal information described in Section 1798.80 of California law.

Characteristics of protected classifications under California or federal law.

Commercial information (records of property, purchase history).

Biometric information.

Internet or other electronic network activity (browsing history, search history, ad interactions).

Geolocation data.

Audio, electronic, visual, thermal, olfactory, or similar information.

Professional or employment-related information.

Education information.

Inferences drawn to create profiles about preferences, characteristics, behavior, and aptitudes.

Sensitive personal information.

### 2. Categories of sources of personal information

The privacy notice must identify the categories of sources from which consumers' personal information is collected (§ 1798.130(a)(5)(B)(ii)).

Typical sources include: the consumer directly through forms, analytics systems, advertising networks, data partners, social media, and publicly available sources.

### 3. The business or commercial purpose for collecting, selling, or sharing

The notice must explain what the data is used for (§ 1798.130(a)(5)(B)(iii)).

The CCPA/CPRA defines "business purpose" (§ 1798.140(e)) with specific categories: auditing ad impression counts, ensuring security and integrity, debugging errors, short-term transient use, performing services on behalf of the business, advertising and marketing (except cross-context behavioral advertising), internal research, and quality verification activities.

### 4. Categories of third parties with whom data is shared

The notice must identify the categories of third parties with whom the business shares consumers' personal information (§ 1798.130(a)(5)(B)(iv)).

### 5. List of categories sold or shared in the preceding 12 months

§ 1798.130(a)(5)(C) requires the privacy notice to include:

A list of categories of personal information **sold or shared** about consumers in the preceding 12 months, by category; or a statement that the business has not sold or shared personal information.

A list of categories **disclosed for business purposes** in the preceding 12 months; or a statement that no such disclosure occurred.

These two lists must be kept separate in the privacy notice.

### 6. Consumer rights and how to exercise them

The notice must describe the rights guaranteed by the CCPA/CPRA and the designated methods for submitting requests (§ 1798.130(a)(5)(A)):

Right to know and access (§ 1798.100, 1798.110, 1798.115).

Right to deletion (§ 1798.105).

Right to correction of inaccurate data (§ 1798.106).

Right to opt-out of sale and sharing (§ 1798.120).

Right to limit use of sensitive personal information (§ 1798.121).

Right of non-discrimination (§ 1798.125).

And the two or more designated methods for submitting requests, including at minimum a toll-free telephone number.

### 7. Retention period for each category

§ 1798.100(a)(3) requires that, at or before the point of collection, the business inform consumers of the length of time it intends to retain each category of personal information, including sensitive personal information, or the criteria used to determine that period.

The business shall not retain a consumer's personal information for longer than is reasonably necessary for the disclosed purpose.

## The two mandatory links on the homepage

§ 1798.135 requires the Privacy Policy to mention and the site to provide, clearly and conspicuously:

**"Do Not Sell or Share My Personal Information":** a link to a page where the consumer can opt out of the sale and sharing of their data. Sharing, defined as transfer for cross-context behavioral advertising, is included even without monetary consideration.

**"Limit the Use of My Sensitive Personal Information":** a link that allows the consumer to limit the use of sensitive personal information to what is necessary to provide the products or services reasonably expected.

The business may use a single combined link that clearly allows exercising both options.

Alternatively, the business may honor the opt-out preference signal of the **Global Privacy Control (GPC)** when sent by the consumer, instead of maintaining the links. In that case, the Policy must state that the site respects the GPC.

## Disclosure of sensitive personal information

If the business collects sensitive personal information, the privacy notice must expressly disclose this (§ 1798.100(a)(2)).

Sensitive personal information under the CCPA/CPRA (§ 1798.140(ae)) includes: Social Security number, driver's license, or passport number; login credentials and financial account access codes; precise geolocation; racial or ethnic origin, citizenship status, religious beliefs, union membership; contents of private communications; genetic data; neural data; biometric data for identification; health information; sex life or sexual orientation.

For each category of sensitive information collected, the Policy must explain:

For what specific purpose it is collected.

Whether it is sold or shared, and with whom.

How the consumer can limit its use (via "Limit the Use of My Sensitive Personal Information" link or via GPC).

## The 12-month lookback

A specific feature of the CCPA/CPRA is the 12-month lookback in access requests.

When a consumer makes an access request, the response must cover the period of 12 months preceding receipt of the request (§ 1798.130(a)(2)(B)).

After adoption of specific regulations, the consumer may request information beyond 12 months for data collected from January 1, 2022, if it is not impossible or would not involve disproportionate effort.

The Privacy Policy must mention this 12-month lookback so the consumer understands which time period is covered by their request.

## Request submission methods: the toll-free number is mandatory

§ 1798.130(a)(1) requires two or more designated methods for submitting requests, including at minimum a **toll-free telephone number**.

Businesses that operate exclusively online with a direct consumer relationship may limit themselves to an email address.

The business must make its website available for request submission if it maintains a website.

The business cannot require the consumer to create a new account to exercise their rights. It may require use of an existing account.

Data collected for identity verification may be used only for that purpose, not for other uses (§ 1798.130(a)(7)).

## Protection for consumers under 16 years of age

If the business may have consumers under 16 years of age, the Privacy Policy must describe the special protections applicable:

For consumers between 13 and 15: the business cannot sell or share data without affirmative authorization from the consumer themselves (§ 1798.120(c)).

For consumers under 13: parental or guardian authorization is required.

A business that willfully disregards the consumer's age is deemed to have actual knowledge of it.

The [data protection officer](https://goadopt.io/en/blog/responsibilities-of-a-data-protection-officer/) must ensure that the age verification process, where applicable, is operational and documented.

## The private right of action and the Privacy Policy

§ 1798.150 grants the consumer the private right of action for security breaches, with damages of US$ 100 to US$ 750 per consumer per incident.

Before initiating any action for statutory damages, the consumer must provide written notice to the business 30 days in advance. If the business cures the violation within the period and provides a written statement that no further violations will occur, no action may be initiated.

The Privacy Policy must mention this right and how the consumer can exercise it.

## The mandatory annual update

§ 1798.130(a)(5) requires the privacy notice to be updated **at least once every 12 months**.

This update must reflect what was collected, sold, shared, and disclosed for business purposes in the preceding 12 months. A generic, outdated notice is not sufficient: the business needs an internal mandatory annual review process.

Situations requiring immediate update, in addition to the annual review:

Adding a new category of data collected.

New third parties receiving data.

Changes in sale or sharing practices.

New purposes for data use.

Any change to opt-out links or submission methods.

## Enforcement and penalties

CCPA/CPRA violations are investigated and enforced by the **California Privacy Protection Agency (CPPA)** and the **California Attorney General**.

The CPPA can impose administrative fines of up to **US$ 2,500 per violation** and up to **US$ 7,500 for intentional violations** or violations involving minors. The Attorney General can seek civil penalties in the same amounts.

There is no guaranteed cure period before CPPA actions. The agency has discretion to investigate without any obligation to grant advance notice.

## How AdOpt supports CCPA/CPRA compliance

AdOpt ensures that what is written in the Policy has real correspondence with what actually happens on the site.

The automatic scan identifies all active technologies, feeding the list of data categories and third parties. The [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) ensures that the opt-out and sensitive information limitation mechanisms work as described.

The GPC is honored automatically when sent by the user. Every consent interaction is logged. If the CPPA or Attorney General requests evidence, the record is available.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Policy for your site that complies with the CCPA/CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Policy must contain for the CCPA/CPRA

**Visible and accessible link** on all pages of the site.

**Updated at least once every 12 months** (§ 1798.130(a)(5)).

**Categories of personal information collected** in the preceding 12 months (§ 1798.130(a)(5)(B)(i)).

**Categories of sources** of personal information (§ 1798.130(a)(5)(B)(ii)).

**Business or commercial purpose** for collecting, selling, or sharing (§ 1798.130(a)(5)(B)(iii)).

**Categories of third parties** with whom data is shared (§ 1798.130(a)(5)(B)(iv)).

**List of categories sold or shared** in the preceding 12 months (§ 1798.130(a)(5)(C)(i)).

**List of categories disclosed for business purposes** in the preceding 12 months (§ 1798.130(a)(5)(C)(ii)).

**Consumer rights and how to exercise them**, with process and deadlines (§ 1798.130(a)(5)(A)).

**Two or more submission methods**, including a toll-free telephone number (§ 1798.130(a)(1)).

**"Do Not Sell or Share My Personal Information" link** or statement of honoring GPC (§ 1798.135).

**"Limit the Use of My Sensitive Personal Information" link** when applicable (§ 1798.121, 1798.135).

**Categories of sensitive personal information** collected, when applicable (§ 1798.100(a)(2)).

**Retention period** for each category of data (§ 1798.100(a)(3)).

**12-month lookback** for access requests mentioned (§ 1798.130(a)(2)(B)).

**Private right of action** for security breaches mentioned (§ 1798.150).

**Protection for minors** aged 13 to 15 and under 13 (§ 1798.120(c)).

**Non-discrimination policy** for consumers exercising their rights (§ 1798.125).

## FAQ: CCPA/CPRA and Privacy Policy

**1. How often does the Privacy Policy need to be updated under the CCPA/CPRA?**
At least once every 12 months, under § 1798.130(a)(5). This goes beyond updating only when there are material changes. The business needs a mandatory annual review process, and the lists of categories sold, shared, and disclosed in the preceding 12 months must be regularly updated.

**2. What is the "12-month lookback" and how does it affect the Privacy Policy?**
§ 1798.130(a)(2)(B) requires that the response to a consumer access request cover the 12 months preceding receipt of the request. The Privacy Policy must mention this period so the consumer understands which time window is covered by their request.

**3. Does the Privacy Policy need to mention the CCPA private right of action?**
Yes. § 1798.150 grants consumers the right to file civil lawsuits for security data breaches. The Policy must mention this right and the process: the consumer must provide written notice to the business 30 days in advance before initiating action for statutory damages.

**4. Is the toll-free telephone number really mandatory?**
Yes. § 1798.130(a)(1) requires the business to provide two or more designated methods for submitting requests, including at minimum a toll-free telephone number. The exception applies to businesses that operate exclusively online with a direct consumer relationship, which may limit themselves to an email address.

**5. What did the CPRA add that was not in the original CCPA?**
The CPRA added: the right to correct inaccurate data (§ 1798.106), the right to limit use of sensitive personal information (§ 1798.121), the mandatory "Limit the Use of My Sensitive Personal Information" link, the distinction between "sale" and "sharing" for behavioral advertising, the expanded definition of sensitive personal information (including neural data), and data minimization and proportionate retention requirements. All of this must be reflected in the Privacy Policy.

[Ready to build a Privacy Policy for your site that complies with the CCPA/CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about California CCPA compliance

California CCPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/california-ccpa-cookies-policy/), which declares every tracker and its purpose; the [privacy portal](https://goadopt.io/en/blog/california-ccpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


California CCPA: Privacy Policy

California has a requirement that no other US state privacy law has: the "Do Not Sell or Share My Personal Information" link visibly displayed on the homepage.

This page covers one piece of the picture. For the full scope of the CCPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CCPA and cookies](https://goadopt.io/en/blog/california-ccpa-and-cookies-all-you-need-to-know/).

That link exists because of cookies.

When a site installs an advertising pixel, that pixel collects data about user behavior and sends it to the advertising platform. This constitutes "sharing" of data for cross-context behavioral advertising under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). And sharing requires an opt-out.

This article focuses exclusively on what the CCPA/CPRA requires from a Cookies Policy: what must be in the document, how consent and opt-out must work, and what the law's specific requirements mean for each tracker on your site.

## Cookies Policy vs. cookie banner: the necessary distinction

The [cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) is the visual interface. It is what the visitor sees when they access the site and where they make choices about what they accept.

The Cookies Policy is the detailed document. It is where the user finds complete information about every technology operating on the site: what it collects, what it is for, who receives the data, how long it is retained, and how to exercise rights.

Both need to exist. Both need to be aligned. And the Cookies Policy must be accessible from a link within the [consent notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) itself.

## "Sale" and "sharing" of data via cookies

The distinction created by the CPRA is fundamental to understanding what the CCPA requires in the context of cookies.

**Sale** (§ 1798.140(ad)): transfer of data for monetary or other valuable consideration to third parties.

**Sharing** (§ 1798.140(ah)): transfer of data to third parties for cross-context behavioral advertising, with or without monetary consideration.

Cross-context behavioral advertising (§ 1798.140(k)): ads targeted based on personal information obtained from consumer activity across different businesses, distinctly branded websites, applications, or services.

In practice: if your site has a pixel that sends user behavior data to an advertising platform to display ads on other sites, that is "sharing" under the CCPA/CPRA, even if you receive no money directly. And sharing requires:

The "Do Not Sell or Share My Personal Information" link on the homepage.

Clear and conspicuous disclosure in the privacy notice.

Honoring the opt-out when exercised.

## What the CCPA/CPRA specifically requires for cookies

### Specific purpose for each category

§ 1798.100(a)(1) requires the business to inform consumers, at or before the point of collection, of the categories of personal information to be collected and the purposes for which they are collected or used, and whether that information is sold or shared.

For cookies, each tracker category needs a specific purpose description. "Cookies to improve your experience" is not a purpose.

What works:

"Analytics cookies: collect browsing behavior data including pages visited, traffic source, and session duration. Used to identify opportunities for content improvement. This data is not sold or shared with third parties for advertising."

"Advertising cookies: collect behavioral identifiers that are shared with advertising platforms for cross-context behavioral advertising. Data is shared with partners such as Meta Ads and Google Ads. Consumers can opt out via the 'Do Not Sell or Share My Personal Information' link."

### Cookie categories present on the site

The Policy must list the tracker categories:

**Necessary cookies:** essential for basic functionality. Do not constitute sale or sharing and do not require the opt-out link. But must be documented.

**Analytics cookies:** depends on configuration. If data stays within company systems and is not sent to third parties for targeting, they generally do not constitute "sale" or "sharing." But most major analytics platform cookies send data to the provider, which may constitute a business purpose disclosure.

**Advertising and retargeting cookies:** almost always constitute "sharing" under the CCPA/CPRA. Meta Pixel, Google Ads, TikTok Pixel, programmatic DSP pixels: all send data to platforms that use that data to display behavioral ads to the user on other sites.

**Functional cookies:** remember user preferences. Generally do not constitute sale or sharing if the data stays internal.

**Third-party cookies:** fired by external services integrated into the site. [Correct tag categorization](https://goadopt.io/en/blog/difference-cookies-local-storage-session-storage/) is what makes it possible to document each one accurately.

### Who receives data via cookies

The Policy must identify the categories of third parties receiving data via cookies.

§ 1798.115(a) requires the business to disclose, upon consumer request, the categories of third parties to whom it sold or shared data, by category of personal information.

For cookies, this means documenting that, for example: browsing behavior data was shared with digital advertising platforms; session data was disclosed to analytics service providers; user identifiers were shared with programmatic advertising networks.

### Retention period for each category

§ 1798.100(a)(3) requires the business to disclose the length of time it intends to retain each category of data, or the criteria used to determine that period.

For cookies, the Policy must document:

How long each cookie category remains active on the user's device.

How long data collected via cookies is retained in company systems.

Whether and when data is deleted.

## The Global Privacy Control (GPC): how to handle it in the context of cookies

§ 1798.135(b) allows the business to comply with opt-out requirements by honoring the opt-out preference signal sent by platforms, technologies, or mechanisms with the consumer's consent.

The Global Privacy Control (GPC) is the best-known mechanism implementing this functionality. When the user activates the GPC in their browser, the site must interpret this signal as an opt-out of sale and sharing.

The Cookies Policy must state whether the site respects the GPC and how this mechanism works.

A well-configured [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) detects and honors the GPC automatically.

## The "Limit the Use of My Sensitive Personal Information" link and cookies

Precise geolocation data (radius of 1,850 feet or less) is sensitive personal information under the CCPA/CPRA (§ 1798.140(ae)(1)(C)).

If the site collects precise geolocation data via cookies or location scripts for purposes beyond what is necessary to provide the requested product or service, the consumer has the right to limit this use via the "Limit the Use of My Sensitive Personal Information" link (§ 1798.121).

The Cookies Policy must identify whether precise geolocation data is collected, what it is used for, and how the consumer can limit its use.

## Special protection for consumers under 16 years of age

§ 1798.120(c) prohibits the sale or sharing of data of consumers under 16 without affirmative authorization.

For consumers between 13 and 15: the consumer's own authorization.

For consumers under 13: parental or legal guardian authorization.

If the site may have users under 16, the Cookies Policy must describe how data from those users is treated differently, including how advertising cookies are blocked without adequate authorization.

## When to update the Cookies Policy

§ 1798.130(a)(5) requires updating the privacy notice at least once every 12 months. For the Cookies Policy, this means a mandatory annual review.

Situations requiring immediate update:

Adding a new advertising pixel.

A new analytics tool that sends data to third parties.

A new chat or support plugin.

A new CRM or email marketing platform integration.

Any new partner receiving behavioral data.

Continuous [data mapping](https://goadopt.io/en/blog/what-is-privacy-by-design/) is what keeps the cookie inventory synchronized with the document.

## The CCPA/CPRA anti-avoidance provision

§ 1798.190 provides that transactions or series of steps intentionally created to avoid the definition of "sale" or "sharing," including eliminating monetary consideration to circumvent the law, will be disregarded.

This means that structuring data exchange agreements without monetary consideration to avoid the opt-out is not a valid strategy. The CCPA/CPRA looks at the substance of the transaction, not just its form.

## Enforcement and penalties

The **California Privacy Protection Agency (CPPA)** can impose administrative fines of up to **US$ 2,500 per violation** and up to **US$ 7,500 for intentional violations** or violations involving minors. The **Attorney General** can seek civil penalties in the same amounts.

There is no guaranteed cure period before CPPA actions. The agency has discretion to investigate and act.

Additionally, § 1798.150 grants consumers the private right of action for security breaches: US$ 100 to US$ 750 per consumer per incident.

## How AdOpt helps with the Cookies Policy under the CCPA/CPRA

AdOpt's automatic scan identifies all technologies active on the site, feeding the list of categories that must appear in the Cookies Policy.

The [cookie notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) configured through AdOpt blocks non-essential trackers before acceptance, presents categories with clear descriptions, offers real opt-out options, honors the GPC automatically, and logs every interaction for audit purposes.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Cookies Policy for your site that complies with the CCPA/CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what your Cookies Policy needs for the CCPA/CPRA

**Visible link** in the site footer and within the cookie banner.

**Listing of cookie categories** with a description of what each one does.

**Specific purpose for each category**, including a statement of whether data is sold or shared.

**Identification of cookies that constitute "sale" or "sharing"** under the CCPA/CPRA definition.

**Categories of third parties** that receive data via cookies.

**"Do Not Sell or Share My Personal Information" link** on the homepage when there is sale or sharing.

**"Limit the Use of My Sensitive Personal Information" link** when precise geolocation data is collected for purposes beyond the necessary.

**Global Privacy Control (GPC):** statement that the site honors the signal when sent by the user.

**Retention period** for each cookie category.

**Protection for minors** aged 13 to 15 and under 13.

**Annual update** of the document.

**Accessible language**, without legal jargon.

**No dark patterns** in opt-out mechanisms.

## FAQ: CCPA/CPRA and Cookies Policy

**1. Does an advertising pixel always constitute "sharing" under the CCPA/CPRA?**
Almost always, yes. The CCPA/CPRA defines "sharing" as the transfer of data for cross-context behavioral advertising, with or without monetary consideration. A pixel that sends user behavior data from your site to a platform that uses that data to display ads to the same user on other sites constitutes sharing. The site needs the "Do Not Sell or Share My Personal Information" link and must honor the opt-out.

**2. Does Google Analytics constitute "sharing" under the CCPA/CPRA?**
It depends on the configuration. Google Analytics in its default configuration sends data to Google, which has its own data use policies. If that data is used by Google for ad targeting on other sites (which may occur depending on settings), there is a risk of constituting sharing. The safest approach is to use GA with enhanced privacy settings and review the data processing terms with Google.

**3. What is the Global Privacy Control (GPC) and must the site respect it?**
The GPC is a browser signal that the user can activate to indicate their opt-out preference for sale and sharing of data. § 1798.135(b) allows the business to comply with opt-out requirements by honoring the GPC, instead of maintaining the "Do Not Sell or Share" and "Limit Sensitive PI" links on the site. Both approaches are valid: visible links on the site, or honoring the GPC. The business may choose one of the two strategies.

**4. Do analytics cookies need the "Do Not Sell or Share" link under the CCPA/CPRA?**
It depends on how the data is used. If analytics data stays only within company systems and is not sent to third parties for targeting purposes, it generally does not constitute "sale" or "sharing." But if the analytics tool is from a major provider that may use the data for other purposes including targeting, there is risk. Reviewing the tool's data processing terms is essential.

**5. What happens if the consumer opts out and the site continues sharing data?**
Continued sale or sharing after opt-out is a direct violation of § 1798.120(d). The CPPA may investigate and impose fines of up to US$ 2,500 per violation or US$ 7,500 for intentional violations. Additionally, the affected consumer may have grounds for a civil lawsuit. The business must wait at least 12 months before requesting the consumer's consent to sale or sharing again.

[Ready to build a Cookies Policy for your site that complies with the CCPA/CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about California CCPA compliance

California CCPA compliance rests on documents that need to agree with each other: the [privacy policy](https://goadopt.io/en/blog/california-ccpa-privacy-policy/), which explains what you do with the data; the [privacy portal](https://goadopt.io/en/blog/california-ccpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


California CCPA: Cookies Policy

---
meta_description: "How to handle DSARs under the California CCPA/CPRA: 7 consumer rights, 45-day deadline, toll-free number required, 12-month lookback, private right of action for breaches, and CPPA enforcement."
---

This page covers one piece of the picture. For the full scope of the CCPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CCPA and cookies](https://goadopt.io/en/blog/california-ccpa-and-cookies-all-you-need-to-know/).

## California CCPA: DSAR and the Privacy Portal

California has the most developed consumer rights system among all US state privacy laws.

It is not just the number of rights guaranteed by the California Consumer Privacy Act (CCPA), as amended by the [California Privacy Rights Act](https://goadopt.io/en/blog/california-cpra-and-cookies-all-you-need-to-know/) (CPRA). It is the specificity of the processes, the precise deadlines, the private right of action for security breaches, and the existence of an independent regulatory agency with enforcement power.

This article covers all of it: what a DSAR is under the CCPA/CPRA, what rights are guaranteed, how to structure the Privacy Portal, the exact deadlines, and what happens when the business does not comply.

## What is a DSAR under the CCPA/CPRA?

DSAR stands for Data Subject Access Request, or Verifiable Consumer Request in the language of the CCPA. It is any formal request from a California resident to exercise the rights the law grants over their own data.

Under the CCPA/CPRA, the consumer can make verifiable requests to exercise six main rights, plus the private right of action for security breaches, which has its own flow.

If you are already familiar with the [GDPR](https://goadopt.io/en/blog/gdpr-cookies-explained/) data subject rights framework, the structure is familiar. The CCPA/CPRA uses the term "verifiable consumer request" to describe authenticated requests.

## What are consumer rights under the CCPA/CPRA?

### 1. Right to know and access (§ 1798.110, 1798.115)

The consumer may request that the business confirm whether it processes their data and disclose:

The categories of personal information collected.

The categories of sources.

The business or commercial purpose for collecting, selling, or sharing.

The categories of third parties with whom data was shared.

The **specific pieces** of personal information collected about the consumer.

The response must cover the **preceding 12 months** from the date of receipt.

If the business sells or shares data, the request also covers:

Categories of data sold or shared, by category of third party.

Categories of data disclosed for business purposes, separately.

### 2. Right to deletion (§ 1798.105)

The consumer may request deletion of any personal information the business collected about them.

The business must delete the data from its own records and **notify service providers, contractors, and third parties** to also delete, unless impossible or involving disproportionate effort.

The business may maintain a confidential record of deletion requests solely to prevent the data of a consumer who requested deletion from being resold.

Exceptions allowing retention even after a deletion request include: completing ongoing transactions, ensuring security, debugging errors, exercising free speech, complying with law, conducting approved public research, and fulfilling a legal obligation.

### 3. Right to correction (§ 1798.106)

Added by the CPRA. The consumer may request the business to correct inaccurate personal information, taking into account the nature of the data and the purposes of processing.

The business must use commercially reasonable efforts to correct the data as directed by the consumer.

### 4. Right to opt-out of sale and sharing (§ 1798.120)

The consumer may, at any time, direct the business not to sell or share their personal information with third parties.

After receiving the consumer's direction, the business may not sell or share the data unless the consumer subsequently provides consent.

The business must wait at least **12 months** before requesting the consumer to again authorize sale or sharing (§ 1798.135(c)(4)).

For consumers under 16 who did not consent to sale or sharing, the business must wait at least **12 months** before requesting consent again, or until the consumer turns 16 (§ 1798.135(c)(5)).

### 5. Right to limit use of sensitive personal information (§ 1798.121)

Added by the CPRA. The consumer may direct the business to limit the use of sensitive personal information to what is necessary to provide the products or services reasonably expected.

After receiving the consumer's direction, the business may not use the sensitive information for other purposes unless the consumer provides new consent.

### 6. Right of non-discrimination (§ 1798.125)

The consumer may not be discriminated against for exercising any right guaranteed by the CCPA/CPRA. The business cannot deny products or services, charge different prices, provide different quality, or suggest differential treatment.

The exception is voluntary financial incentive programs where the price or quality difference is reasonably related to the value the data represents to the business.

### The private right of action for security breaches (§ 1798.150)

This right has a different flow from the others. A consumer whose unencrypted and unredacted data is accessed or exposed in a security breach may file a civil lawsuit to recover **US$ 100 to US$ 750** per consumer per incident, or actual damages when greater, plus injunctive relief.

Before initiating any action for statutory damages, the consumer must provide written notice to the business **30 days in advance**, identifying the specific violations. If the business cures within the period and provides a written statement that no further violations will occur, no action may be initiated.

## What are the response deadlines?

The CCPA/CPRA is specific on deadlines.

**45 days** from receipt of a verifiable consumer request (§ 1798.130(a)(2)(A)).

The deadline can be extended by another **45 days** when reasonably necessary, considering the complexity and number of requests, as long as the consumer is notified within the initial period with the justification and reason for the delay (§ 1798.145(h)(1)).

Service is free. The business is not obligated to provide the same information to the same consumer more than **twice in a 12-month period** (§ 1798.130(b)).

## What is a "verifiable consumer request"?

The CCPA/CPRA uses the term "verifiable consumer request" (§ 1798.140(ak)) to describe requests that the business can verify were made by the consumer themselves, by a minor child's parent, by an authorized representative, or by a person with power of attorney.

The business may authenticate the request using commercially reasonable methods. It may require authentication proportionate to the nature of the information requested, but cannot require the consumer to create a new account. If the consumer already has an account, the business may require use of that account.

Data collected for identity verification may only be used for that purpose, not for other uses (§ 1798.130(a)(7)).

## What should the request submission channel look like?

§ 1798.130(a)(1) requires two or more designated methods for submitting requests, including at minimum a **toll-free telephone number**.

Businesses that operate exclusively online with a direct consumer relationship may limit themselves to an email address.

If the business maintains a website, it must make it available as a submission channel.

The business cannot require the consumer to create a new account, but may require use of an existing account.

A structured Privacy Portal offers:

A submission form with clear categories (know/access, delete, correct, opt-out of sale/sharing, limit sensitive PI use).

A proportionate and non-discriminatory identity verification process.

Automatic receipt confirmation.

A log of each request, action taken, and response sent.

## Requests from authorized representatives

The consumer may authorize another person to exercise their rights on their behalf, including through the GPC opt-out preference signal (§ 1798.135(e)).

An authorized agent may submit requests. The business may require proof that the agent was properly authorized by the consumer.

Parents or guardians may exercise rights on behalf of minor children.

## Free service: what the law says

Service is free (§ 1798.130(a)(2)(A)). But the business is not obligated to provide the same information to the same consumer more than **twice in a 12-month period** (§ 1798.130(b)).

For manifestly unfounded, excessive, or repetitive requests, the business may charge a reasonable fee for administrative costs or decline. The burden of demonstrating the excessive nature lies with the business (§ 1798.145(h)(3)).

## How to process each type of DSAR in practice

### Access and information request

Receive and authenticate the consumer's identity.

Locate all personal data collected about this consumer in the preceding 12 months across all systems.

Prepare a response covering: categories of data, categories of sources, purposes, categories of third parties, and the specific pieces of information.

If the business sold or shared data: list by category of data and category of third party (in separate lists for "sold/shared" and "disclosed for business purposes").

Deliver in a readily usable format that allows transmission from one entity to another without hindrance.

Send within the 45-day deadline.

### Deletion request

Receive and authenticate.

Check whether a legal exception allows retaining the data.

If no exception: delete from own records and notify service providers, contractors, and third parties to also delete.

Retain only the confidential record of the deletion request to prevent future resale.

Confirm to the consumer.

### Correction request

Receive and authenticate.

Identify which data is inaccurate and in which systems it is stored.

Use commercially reasonable efforts to correct as directed by the consumer.

Confirm the correction.

If the request is for correction of health information and the business rejects it as accurate, the consumer has the right to include an addendum of up to 250 words to the record.

### Opt-out of sale and sharing request

Receive the request (may be via "Do Not Sell or Share" link, via GPC, or via authorized representative).

Immediately cease sale and sharing of this consumer's data.

Do not request consent again for at least 12 months.

Notify any third parties that recently received the data about the opt-out.

### Request to limit use of sensitive personal information

Receive via "Limit the Use of My Sensitive Personal Information" link or other mechanism.

Cease use of the consumer's sensitive personal information for purposes beyond what is necessary to provide the products or services reasonably expected.

Notify service providers about the limitation so they also cease unauthorized uses.

## Protection against discrimination

§ 1798.125 expressly prohibits businesses from discriminating against consumers who exercise their rights. The business cannot:

Deny products or services.

Charge different prices or rates.

Provide different quality of goods or services.

Suggest the consumer will receive differential treatment.

Retaliate against employees, job applicants, or independent contractors who exercise their rights.

The exception is voluntary financial incentive programs. The business may offer financial compensation, discounts, or benefits in exchange for data use, as long as the consumer expressly consents and the incentives are not unjust, unreasonable, coercive, or abusive.

## Documentation and records

Every processed request must be documented. This includes:

Date and time of receipt.

Type of request.

Authentication process performed.

Action taken.

Date and form of response to the consumer.

In case of denial: recorded justification.

This documentation is what protects the business in a CPPA or Attorney General investigation.

## Shared enforcement: CPPA and Attorney General

The **California Privacy Protection Agency (CPPA)** has administrative power to:

Investigate businesses on its own initiative or based on complaints.

Impose fines of up to **US$ 2,500 per violation** and up to **US$ 7,500 for intentional violations** or violations involving minors.

The **California Attorney General** may seek civil penalties in the same amounts in a civil action.

There is no guaranteed cure period before CPPA actions. The agency decides by discretion whether and when to initiate an investigation.

## How AdOpt helps with the Privacy Portal

AdOpt logs every consent, opt-out, and sensitive information limitation interaction with a timestamp and unique identifier. When the consumer opts out of sale and sharing, the system automatically updates the corresponding trackers.

The GPC is honored automatically. AdOpt's auditable log serves as evidence of compliance. And when legislation changes, the platform updates automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the CCPA/CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the CCPA/CPRA

**Two or more submission methods**, including a toll-free telephone number (§ 1798.130(a)(1)).

**Website available** as a submission channel if the business maintains a website.

**Coverage of 6 rights**: access/know, deletion, correction, opt-out of sale/sharing, limit sensitive PI, and non-discrimination.

**12-month lookback** for access requests (§ 1798.130(a)(2)(B)).

**45-day response deadline**, with +45-day extension with notification (§ 1798.130(a)(2)(A)).

**Free service** limited to twice per consumer in 12 months (§ 1798.130(b)).

**Authentication process** proportionate to the nature of data, without requiring new account creation.

**Acceptance of requests from authorized representatives**, including parents of minors.

**"Do Not Sell or Share My Personal Information" link** on the site when there is sale or sharing.

**"Limit the Use of My Sensitive Personal Information" link** when applicable.

**GPC honored** when sent by the user.

**12-month waiting period** before requesting consent again after opt-out.

**Notification of third parties** for data deletion when a deletion request is fulfilled.

**Confidential record** of deletion requests to prevent resale.

**Documentation** of each request, action, and response.

## Comparison: Privacy Portal deadlines under the CCPA/CPRA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Access/know, deletion, correction | 45 days | +45 days with notification |
| Opt-out of sale/sharing | Immediate after receipt | Does not apply |
| Limit use of sensitive PI | Immediate after receipt | Does not apply |
| Re-contact after opt-out | 12 months minimum | No extension |
| Pre-lawsuit notice (security breach) | 30 days for business to cure | No extension |

## FAQ: CCPA/CPRA and Privacy Portal

**1. Does the CCPA require a toll-free telephone number for the Privacy Portal?**
Yes. § 1798.130(a)(1) requires the business to provide two or more designated methods for submitting requests, including at minimum a toll-free telephone number. The exception applies to businesses that operate exclusively online with a direct consumer relationship, which may limit themselves to an email address. For most businesses with a website, the toll-free number is mandatory.

**2. What is the "12-month lookback" and how does it affect access requests?**
§ 1798.130(a)(2)(B) requires that the response to an access request cover the 12 months preceding receipt of the request. This means the Privacy Portal must be capable of retrieving data collected in the preceding 12 months from each request date, which requires appropriate tracking and retention systems.

**3. How many times per year must the business process DSARs free of charge?**
Twice in a 12-month period per consumer, under § 1798.130(b). For requests beyond this limit, or that are manifestly unfounded or repetitive, the business may charge a reasonable fee for administrative costs or decline, demonstrating the excessive nature.

**4. How does the private right of action under the CCPA work and what does it have to do with the Privacy Portal?**
§ 1798.150 grants the consumer the right to file a civil lawsuit for security data breaches. Before initiating action for statutory damages, the consumer must provide written notice 30 days in advance. The Privacy Portal should be the channel through which these notifications are received and processed. If the business cures within the period and provides an adequate written statement, no action may be initiated.

**5. Must the business notify third parties when it fulfills a deletion request?**
Yes. § 1798.105(c)(1) requires the business to notify any service provider or contractor to delete the data, and also notify all third parties to whom the data was sold or shared, unless impossible or involving disproportionate effort. The business may also maintain a confidential record of the deletion request solely to ensure that the data of the consumer who requested deletion is not resold.

[Ready to build a Privacy Portal for your site that complies with the CCPA/CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about California CCPA compliance

California CCPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/california-ccpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/california-ccpa-privacy-policy/), which explains what you do with the data.


California CCPA: DSAR Privacy Portal

Colorado has a requirement that changes the equation for any site with users in the state.

This page covers one piece of the picture. For the full scope of the CPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CPA and cookies](https://goadopt.io/en/blog/colorado-cpa-and-cookies-all-you-need-to-know/).

From **July 1, 2024**, if your site processes personal data for targeted advertising or sells personal data, it must automatically detect and honor the **Universal Opt-Out Mechanism** (UOM). This includes the Global Privacy Control (GPC) and other mechanisms recognized by the Colorado Department of Law.

This is not optional. It is not a recommended best practice. It is a legal obligation under the Colorado Privacy Act (CPA, C.R.S. § 6-1-1301 et seq.), complemented by the Colorado Privacy Act Rules (4 CCR 904-3).

This article focuses exclusively on what the CPA and its regulations require from a Cookies Policy: what the document must contain, how consent and opt-out must work, and what the Universal Opt-Out Mechanism means for each tracker on your site.

## Cookies Policy vs. cookie banner: the necessary distinction

The [cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) is the visual interface. It is what the visitor sees when they access the site and where they make choices.

The Cookies Policy is the detailed document. It is where the user finds complete information about every technology operating on the site.

Both need to exist. Both need to be aligned. And the Cookies Policy must be accessible from a link within the [consent notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) itself.

## What the CPA specifically requires for cookies

### Specific purpose for each category

C.R.S. § 6-1-1308(1)(a)(II) requires the privacy notice to describe the purposes for which each category of data is processed. The regulations (4 CCR 904-3, Rule 6.06) require specificity.

For cookies, each category needs a purpose description the consumer can actually understand.

What does not work: "cookies to improve your experience." That is not a purpose.

What works: "Analytics cookies: collect browsing behavior data including pages visited, traffic source, and session duration. Used to identify content improvement opportunities. Data is processed by our internal systems and is not sold or used for targeted advertising."

"Advertising cookies: collect behavioral identifiers that are shared with advertising platforms for targeted advertising on other non-affiliated sites and applications. Include pixels from Meta Ads, Google Ads. Consumers may exercise opt-out through the link in our Privacy Policy or via Universal Opt-Out Mechanism."

### Cookie categories present on the site

The Policy must list tracker categories:

**Necessary cookies:** essential for basic functionality. Do not constitute targeted advertising or data sale. Must be documented.

**Analytics cookies:** depends on configuration. If data stays internal, generally does not constitute targeted advertising. If sent to third parties for targeting on other sites, it may.

**Advertising cookies:** almost always constitute targeted advertising under the CPA, which defines it as ads based on data "obtained or inferred over time from the consumer's activities across nonaffiliated websites, applications, or online services" (C.R.S. § 6-1-1303(25)(a)).

**Functional cookies:** remember preferences. Generally do not constitute targeted advertising or data sale.

**Third-party cookies:** fired by external services. [Correct tag categorization](https://goadopt.io/en/blog/difference-cookies-local-storage-session-storage/) is what makes it possible to document each one accurately.

### Targeted advertising: the CPA's definition

The CPA defines targeted advertising (C.R.S. § 6-1-1303(25)(a)) as displaying an advertisement selected based on personal data obtained or inferred over time from the consumer's activities across **nonaffiliated websites, applications, or online services**.

What does not constitute targeted advertising:

Advertising in response to a specific consumer request.

Advertisements based on activities within the controller's own websites or applications.

Advertisements based on the context of the current search query, website visit, or online application.

Processing personal data solely for measuring or reporting advertising performance, reach, or frequency.

### Sale of personal data

The CPA defines sale (C.R.S. § 6-1-1303(23)(a)) as the exchange of personal data for monetary or other valuable consideration from a controller to a third party.

The second threshold criterion of the CPA already signals this breadth: it includes "receiving a discount on the price of goods or services" from the sale of data. Agreements where the controller exchanges data for indirect economic benefits may constitute a sale.

### Who receives data via cookies

The notice must identify the categories of third parties receiving data via cookies (C.R.S. § 6-1-1308(1)(a)(V)), at a level of detail giving the consumer understanding of the type, business model of, or processing by those third parties (4 CCR 904-3, Rule 6.03(A)(1)(e)).

This means it is not enough to say "advertising partners." The notice should describe, for example: "digital advertising platforms that use the data for cross-context behavioral advertising," "data brokers," "analytics platforms that process browsing behavior data."

### The Universal Opt-Out Mechanism and cookies

This is the most important CPA requirement for the cookies context. From **July 1, 2024**, a controller that processes personal data for targeted advertising or sells data **must** accept opt-outs via UOM (C.R.S. § 6-1-1306(1)(a)(IV)(B)).

In practical terms for cookies: when a user visits the site with the GPC activated in their browser, the site must interpret that signal as an opt-out of targeted advertising and data sale, and automatically block the corresponding trackers.

The regulations (4 CCR 904-3, Rule 5.08(A)) detail:

After receiving a valid opt-out via UOM, the controller must continue treating the browser, device, and consumer as having exercised opt-out until the consumer consents again.

The controller cannot require the consumer to log in as a condition for recognizing the UOM.

The controller may display conspicuously when the opt-out signal has been honored (e.g., "Opt-Out Preference Signal Honored").

The Cookies Policy must describe how the UOM is processed and what happens when a consumer sends this signal.

### Retention period for each category

The duty of data minimization (C.R.S. § 6-1-1308(3)) and the regulations (4 CCR 904-3, Rule 6.07) require data to be kept only for as long as necessary for the specified purpose.

For cookies: document how long each cookie category stays active on the device and how long collected data stays in the business's systems. Biometric data and stored photographs must be reviewed at least once a year to verify the storage is still necessary (4 CCR 904-3, Rule 6.07(B)(2)).

## What constitutes valid consent for cookies under the CPA

C.R.S. § 6-1-1303(5) defines consent as a clear, affirmative act that is freely given, specific, informed, and unambiguous.

The correct standard: non-essential cookies off by default. The user chooses what to enable.

What is not valid consent: accepting general terms with data processing descriptions mixed with unrelated information, hovering over or closing content, and any agreement through dark patterns.

### Dark patterns: Colorado's detailed prohibition

Colorado's regulations have the most detailed description of dark patterns among all US state privacy laws (4 CCR 904-3, Rule 7.09). Prohibited:

Presenting consent choice options with unequal weight or focus ("accept" button larger, in a more prominent color, or more visible than "decline").

Emotionally manipulative language or visuals to steer choices (e.g., "Yes, I want to help endangered species" vs "No, I don't care about animals").

Silence or inaction interpreted as consent (closing a window is not consent).

Pre-selected default options.

A longer or more difficult path to exercise the more privacy-protective option than to accept.

Repeatedly interrupting the consumer experience to request consent after refusal.

Misleading language, double negatives, or confusing syntax in choice options.

## Protection for children's data via cookies

The CPA defines "child" as an individual under 13 years of age (C.R.S. § 6-1-1303(4)). Data from known children is sensitive data and requires parental consent before processing (C.R.S. § 6-1-1308(7)).

The regulations (4 CCR 904-3, Rule 7.06) detail verifiable parental consent methods, including: signed forms returned by mail or fax, financial transaction with account holder notification, toll-free telephone call with trained staff, or videoconference.

If the site may have users under 13, the Cookies Policy must describe how cookies are blocked for this audience.

## When to update the Cookies Policy

The regulations (4 CCR 904-3, Rule 6.04) require notifying consumers of material changes. For cookies, situations requiring an update:

Adding a new advertising pixel or third-party tracker.

New analytics tool.

New partner receiving behavioral data.

Change in the use of cookie data for new purposes.

Addition of a newly recognized UOM to the Colorado Department of Law's public list (which requires the site to begin recognizing it within 6 months).

Continuous [data mapping](https://goadopt.io/en/blog/what-is-privacy-by-design/) is what keeps the cookie inventory synchronized with the document.

## Enforcement: AG and District Attorneys

CPA violations are treated as deceptive trade practices by the **Attorney General** and **District Attorneys** of Colorado. There is no private right of action (C.R.S. § 6-1-1310).

The 60-day cure period was repealed on January 1, 2025. From 2025 onward, the AG and DAs may act without a guaranteed prior correction period.

## How AdOpt helps with the Cookies Policy under the CPA

AdOpt's automatic scan identifies all active technologies, feeding the list of categories that must appear in the Cookies Policy.

The [cookie notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) configured through AdOpt blocks non-essential trackers before acceptance, automatically detects and honors the GPC and other UOMs, offers real choice options without dark patterns, and logs every interaction for 24 months.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Cookies Policy for your site that complies with the Colorado CPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what your Cookies Policy needs for the CPA

**Visible link** in the footer and within the cookie banner.

**Listing of cookie categories** with a specific description of each.

**Specific purpose for each category**, without vague descriptions.

**Indication of whether data is sold or used for targeted advertising** (4 CCR 904-3, Rule 6.03(A)(1)(c)).

**Categories of third parties** receiving data, with detail on type/business model.

**Clear and conspicuous opt-out method** within and outside the notice (4 CCR 904-3, Rule 4.03(B)).

**Universal Opt-Out Mechanism** recognized: description of how GPC and other UOMs are processed (mandatory since July 2024).

**Retention period** for each cookie category.

**Non-essential cookies disabled by default**, without dark patterns (4 CCR 904-3, Rule 7.09).

**Protection for children under 13** with tracker blocking without parental consent.

**Date of last update** of the document.

**Accessible language**, without legal jargon.

**No cookie walls**.

## FAQ: CPA and Cookies Policy

**1. What is the Universal Opt-Out Mechanism and why is it mandatory in Colorado?**
The UOM is a mechanism (like the GPC) that allows the consumer to automatically communicate their opt-out choice for targeted advertising and data sale to multiple controllers simultaneously. From July 2024, C.R.S. § 6-1-1306(1)(a)(IV)(B) made it mandatory for controllers processing data for targeted advertising or data sale to accept and honor these signals. Colorado was the first US state to require this by law.

**2. How should I configure the site to recognize the GPC as a UOM?**
The regulations (4 CCR 904-3, Rule 5.08) require that when a valid UOM signal is received, the controller must immediately cease processing for the indicated opt-out purposes. The controller cannot require login to recognize the signal, cannot collect data beyond what is strictly necessary to authenticate the consumer as a Colorado resident, and may display on screen when the signal has been honored. A consent management platform integrates this recognition automatically.

**3. What happens if the consumer sends the GPC and the site continues tracking for advertising?**
It is a direct violation of C.R.S. § 6-1-1306(1)(a)(IV)(B). The AG or District Attorney may investigate and, from 2025, act without a guaranteed cure period. The regulations (4 CCR 904-3, Rule 5.08(A)(2)) clarify that the controller must continue treating the browser and consumer as having exercised opt-out until the consumer voluntarily consents again.

**4. Do analytics cookies require opt-out under the CPA?**
It depends on how the data is used. If analytics data stays internal and is not sent to third parties for targeting on other sites, it generally does not constitute targeted advertising. But if the analytics tool sends data to the provider for use on other sites, it may. The CPA's criterion is "activities across nonaffiliated websites" (C.R.S. § 6-1-1303(25)(a)).

**5. How does Colorado's dark pattern prohibition apply to cookie banners?**
The regulations (4 CCR 904-3, Rule 7.09) are detailed: "accept" and "decline" buttons must have equal visual weight (size, color, position). The path to decline cannot be longer or more difficult. Pre-selected options are prohibited. Reappearing repeatedly after the consumer declines is prohibited. Cookie walls blocking content until acceptance may be prohibited if consent is not strictly necessary for the service.

[Ready to build a Cookies Policy for your site that complies with the Colorado CPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Colorado CPA compliance

Colorado CPA compliance rests on documents that need to agree with each other: the [privacy policy](https://goadopt.io/en/blog/colorado-cpa-privacy-policy/), which explains what you do with the data; the [privacy portal](https://goadopt.io/en/blog/colorado-cpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


Colorado CPA: Cookies Policy

The Colorado Privacy Act (CPA) has a set of rules for the Privacy Portal that goes beyond the statute. The Attorney General promulgated the Colorado Privacy Act Rules (4 CCR 904-3), which specify exactly how each aspect of the DSAR process must work, including the minimum content of each request record, the record-keeping deadline, and how to handle authorized agents.

This page covers one piece of the picture. For the full scope of the CPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CPA and cookies](https://goadopt.io/en/blog/colorado-cpa-and-cookies-all-you-need-to-know/).

This article covers all of it: what a DSAR is under the CPA, the five guaranteed rights, the law's specific deadlines, the Universal Opt-Out Mechanism, and what the regulations require from the process.

## What is a DSAR under the CPA?

DSAR stands for Data Subject Access Request, or Data Rights request in the language of the CPA. It is any formal request from a Colorado consumer to exercise the rights the law grants over their own data.

Under C.R.S. § 6-1-1306(1), the consumer may submit a request at any time using the methods specified by the controller in the privacy notice.

If you are already familiar with the [GDPR](https://goadopt.io/en/blog/gdpr-cookies-explained/) data subject rights framework, the structure is familiar. The CPA adds the Universal Opt-Out Mechanism as an alternative channel for exercising opt-out of targeted advertising and data sale.

## What are consumer rights under the CPA?

Under C.R.S. § 6-1-1306(1), Colorado residents have five rights:

### Right to opt-out

The consumer may refuse the processing of their personal data for three purposes (C.R.S. § 6-1-1306(1)(a)):

Targeted advertising.

Sale of personal data.

Profiling in furtherance of decisions with legal or similarly significant effects (access to financial or lending services, housing, insurance, education, criminal justice, employment, healthcare, or essential goods).

The consumer may also exercise the opt-out through an authorized agent, including via UOM (such as the GPC), when the controller can authenticate the consumer's identity and the agent's authority with commercially reasonable effort (C.R.S. § 6-1-1306(1)(a)(II)).

The regulations (4 CCR 904-3, Rule 4.03(A)(1)(b)) detail: if the opt-out is submitted online and the controller cannot identify the consumer to cease processing of connected offline data, it may request additional information. And if a consumer submitted multiple DSARs, the opt-out must be processed first.

### Right of access

The consumer may confirm whether the controller processes their data and access the personal data (C.R.S. § 6-1-1306(1)(b)).

The regulations (4 CCR 904-3, Rule 4.04(A)(1)) clarify that "specific pieces of personal data" include final profiling decisions, inferences, derivative data, marketing profiles, and any other personal data created by the controller linked to the consumer.

The response must be provided in a common, accessible electronic format, in the language the consumer uses to interact with the controller, without incomprehensible internal codes.

The controller does not need to disclose in response to an access request: government-issued identification numbers, financial account numbers, biometric data or biometric identifiers. But must inform the consumer that it holds these types of data (e.g., "We collect unique biometric data including fingerprint scan" without revealing the actual scan).

### Right to correction

The consumer may request correction of inaccuracies in personal data, taking into account the nature and purposes of processing (C.R.S. § 6-1-1306(1)(c)).

The regulations (4 CCR 904-3, Rule 4.05) detail:

The controller corrects in active systems but may delay for archive or backup systems until they are restored or accessed.

If the correction can be made by the consumer through account settings, the controller may provide instructions, provided the process is not unduly burdensome.

The controller may request documentation to verify data accuracy.

If the controller did not receive the data directly from the consumer and has no supporting documentation, the consumer's assertion of inaccuracy is sufficient to establish that the data is inaccurate.

### Right to deletion

The consumer may request deletion of personal data (C.R.S. § 6-1-1306(1)(d)).

The regulations (4 CCR 904-3, Rule 4.06) detail:

The controller permanently and completely erases from active systems, or de-identifies so it cannot reasonably be linked to the individual.

Also instructs processors to delete.

May delay for archive or backup systems until they are restored.

For data obtained from third parties (not directly from the consumer), may comply by retaining only the deletion request record and the minimum necessary to ensure the data remains deleted, or opting the consumer out of all processing.

If partial retention is justified by a legal exception, must inform the consumer of which categories were not deleted and which exception applies.

### Right to data portability

When exercising the right of access, the consumer may obtain data in a portable and, where technically feasible, readily usable format that allows transmission to another entity without hindrance (C.R.S. § 6-1-1306(1)(e)).

Portability may be exercised **no more than twice per calendar year**. This differs from other US state privacy laws that do not impose this limit on the right to portability.

The controller is not required to provide data in a manner that discloses trade secrets. But must provide as much data as possible in portable format without disclosing the secret.

## What are the response deadlines?

The CPA's deadlines have a specific structure.

**45 days** from receipt of the request to respond (C.R.S. § 6-1-1306(2)(a)).

The deadline may be extended by another **45 days** when reasonably necessary, considering complexity and number of requests, as long as the consumer is notified within the initial period with the reason.

For **appeals**: **45 days** to respond, extendable by another **60 days** in cases of complexity or large number of requests (C.R.S. § 6-1-1306(3)(b)).

The first request is free. For subsequent requests within the same 12-month period, the business may charge a fee calculated under C.R.S. § 24-72-205(5)(a).

## The appeal process with distinct deadlines

The CPA has a very specific appeal process (C.R.S. § 6-1-1306(3)):

The controller must establish an internal appeal process that is conspicuously available and as easy to use as the original request submission process.

The process must be actionable within a reasonable period after the consumer receives the denial notice.

The appeal response must include the decision and the written justification.

If the appeal is denied, the controller must **inform the consumer of the ability to contact the Attorney General** (C.R.S. § 6-1-1306(3)(c)).

## What should the request submission channel look like?

The regulations (4 CCR 904-3, Rule 4.02(B)) detail the requirements:

**Online-only businesses with a direct consumer relationship:** a single email address is sufficient.

**Other businesses:** two or more designated methods, and if the business maintains a website, application, or digital presence, one method must be through that digital presence (web form).

**Businesses that interact in person:** must consider an in-person method (printed form, tablet/computer portal, or telephone for a toll-free call).

The method must:

Consider how consumers normally interact with the controller.

Enable the consumer to submit the request at any time.

Use reasonable data security measures.

Be easy to execute, with a minimal number of steps.

Not require creating a new account (but may require using an existing password-protected account).

## Authentication: how to do it right

The regulations (4 CCR 904-3, Rule 4.08) are specific:

The controller must use a commercially reasonable method to authenticate each request. To determine what is reasonable, consider:

The right being exercised, the type, sensitivity, value, and volume of data involved.

The level of possible harm from improper access.

The cost of authentication to the controller.

The controller should avoid requesting additional personal data if it can authenticate using data it already has.

The controller cannot charge an authentication fee to the consumer (e.g., cannot require notarization without compensating the consumer for the cost).

If unable to authenticate with reasonable effort, the controller is not required to comply. But must inform the consumer that their identity could not be authenticated and how to remedy deficiencies.

## Mandatory documentation for 24 months

The regulations (4 CCR 904-3, Rule 6.11(A)) require records of all DSARs to be maintained for at least **24 months**. Each record must include at minimum:

The date of the request.

The type of request.

The date of the controller's response.

The nature of the response.

The basis for denial if the request was denied in whole or in part.

The existence and resolution of any appeal.

Records of DSARs already complied with must also be maintained for 24 months and made available to any new controller in a merger, acquisition, or other transaction where a third party assumes control of personal data.

## The Universal Opt-Out Mechanism in the Privacy Portal

The UOM (including the GPC) does not replace the Privacy Portal, but covers the opt-out for targeted advertising and data sale.

When the consumer sends a valid UOM signal, the controller must:

Cease processing for the indicated purposes as soon as feasibly possible, without undue delay (4 CCR 904-3, Rule 4.03(A)(1)).

Maintain a record of the opt-out (4 CCR 904-3, Rule 4.03(A)(2)).

Continue treating the browser, device, and consumer as having exercised opt-out until the consumer consents again (4 CCR 904-3, Rule 5.08(A)(2)).

If the consumer wants to opt out of profiling with significant effects, this still requires submission through the Privacy Portal, since the UOM covers only targeted advertising and data sale.

## Protection against discrimination

C.R.S. § 6-1-1308(1)(c)(II) prohibits the controller from, based solely on the exercise of a right and unrelated to feasibility or the value of a service, increasing the cost or decreasing the availability of the product or service.

The exception is loyalty programs, rewards, premium features, discounts, or club card programs (C.R.S. § 6-1-1308(1)(d)). The regulations (4 CCR 904-3, Rule 6.05) detail extensively the obligations related to loyalty programs.

## Enforcement: AG and District Attorneys

The CPA is enforced by the **Attorney General** and **District Attorneys** of Colorado (C.R.S. § 6-1-1311). There is no private right of action.

From January 1, 2025, the 60-day cure period was repealed. AG and DAs have discretion to act without a guaranteed prior correction period.

## How AdOpt helps with the Privacy Portal

AdOpt logs every consent and opt-out interaction with a timestamp and unique identifier, maintaining documentation for 24 months as required by the regulations.

The GPC and other UOMs are detected and honored automatically. When the consumer exercises opt-out via Portal or via UOM, the system updates the corresponding trackers. The auditable log serves as evidence for the AG or District Attorneys.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the Colorado CPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the CPA

**Two or more submission methods** for non-online-only businesses, including a digital channel if the business has digital presence (4 CCR 904-3, Rule 4.02(B)(1)(b)).

**Email only** for online-only businesses with a direct consumer relationship (4 CCR 904-3, Rule 4.02(B)(1)(a)).

**Coverage of 5 rights**: opt-out, access, correction, deletion, portability.

**Portability limited to 2x per calendar year** (C.R.S. § 6-1-1306(1)(e)).

**Universal Opt-Out Mechanism** honored automatically from July 2024 (C.R.S. § 6-1-1306(1)(a)(IV)(B)).

**Conspicuously available appeal process** as easy as the original submission process.

**Deadlines**: 45 days for response (+45 ext.); 45 days for appeals (+60 ext.).

**Information to consumer** on how to contact the AG in case of denied appeal.

**Authentication** with commercially reasonable effort, no fee charged, no unnecessary data requested.

**Records maintained for 24 months** with the 6 mandatory fields (4 CCR 904-3, Rule 6.11(A)).

**Free first request**; second may be charged under C.R.S. § 24-72-205(5)(a).

**Consent refresh** configured for 24 months of consumer inactivity.

**Notification to processors** when a deletion or correction is fulfilled.

## Comparison: Privacy Portal deadlines under the CPA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Opt-out, access, correction, deletion | 45 days | +45 days with notification |
| Portability (max 2x/year) | 45 days | +45 days with notification |
| Appeal of a decision | 45 days | +60 days with notification |
| Cure period (general violations) | Discretionary (2025) | No guarantee |

## FAQ: CPA and Privacy Portal

**1. Does the CPA require a dedicated Privacy Portal or is an email address sufficient?**
It depends on the type of business. Online-only businesses with a direct consumer relationship only need an email address (4 CCR 904-3, Rule 4.02(B)(1)(a)). Others need two or more methods, and a business with a website must offer a digital option (web form). A dedicated Privacy Portal is the most organized approach, but it is not the name the law requires.

**2. How does the twice-per-year limit on portability work?**
The right to portability under the CPA may be exercised no more than twice per calendar year (C.R.S. § 6-1-1306(1)(e)). This is a limit exclusive to the CPA among US state privacy laws. The right of access (without portable format) does not have this explicit limit in the statute, although the first request is free and subsequent ones may be charged.

**3. What must the controller do when a consumer has not interacted for 24 months?**
The regulations (4 CCR 904-3, Rule 7.08) require the controller to refresh consent for processing sensitive data and for secondary purposes involving profiling with significant effects, when the consumer has not interacted in the past 24 months. This means the Privacy Portal and consent management systems need to track the consumer's last interaction and trigger consent refresh flows.

**4. What happens after a denied appeal under the CPA?**
C.R.S. § 6-1-1306(3)(c) requires the controller to inform the consumer of the ability to contact the Attorney General. This differs from other laws that require specific instructions on how to contact the authority. The CPA is more open: the controller must communicate that this option exists. The consumer can then file a complaint with the AG or the District Attorney of the relevant jurisdiction.

**5. Does the CPA have specific obligations about data found during an access request that the controller cannot disclose?**
Yes. The regulations (4 CCR 904-3, Rule 4.04(D)) list categories of data the controller does not need to disclose in the access response: government-issued identification numbers, financial account numbers, health insurance or medical identification numbers, passwords, security questions, biometric data, and biometric identifiers. But the controller must inform the consumer that it holds these types of data, with sufficient particularity (e.g., "We collect unique biometric data including a fingerprint scan") without revealing the actual data.

[Ready to build a Privacy Portal for your site that complies with the Colorado CPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Colorado CPA compliance

Colorado CPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/colorado-cpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/colorado-cpa-privacy-policy/), which explains what you do with the data.

## Go further

To put this into practice, read what a [consent management platform (CMP)](https://goadopt.io/en/blog/what-is-a-cmp-consent-management-platform/) does.


Colorado CPA: DSAR Privacy Portal

The Connecticut Data Privacy Act (CTDPA, Public Act No. 22-15) has two specific requirements for sites that process personal data for targeted advertising or sell personal data.

This page covers one piece of the picture. For the full scope of the CTDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CTDPA and cookies](https://goadopt.io/en/blog/connecticut-CTDPA-and-cookies-all-you-need-to-know/).

The first is immediate: a clear and conspicuous link on the site to an opt-out page.

The second took effect on **January 1, 2025**: the obligation to honor opt-out signals sent by platforms, technologies, or mechanisms with consumer consent, such as the **Global Privacy Control (GPC)**.

This article focuses exclusively on what the CTDPA requires from a Cookies Policy: what must be in the document, how consent and opt-out must work, and what the law's specific requirements mean for each tracker on your site.

## Cookies Policy vs. cookie banner: the necessary distinction

The [cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) is the visual consent interface. It is what the visitor sees when they first access the site.

The Cookies Policy is the detailed document. It is where the user finds complete information about each technology: what it collects, what it is for, who receives the data, and how to exercise rights.

Both need to exist. Both need to be aligned. And the Cookies Policy must be accessible from a clear link within the [consent notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) itself.

## What the CTDPA specifically requires for cookies

### Specific purpose for each category

Section 6(a)(1) requires the controller to limit collection to what is adequate, relevant, and reasonably necessary for the disclosed purposes. And Section 6(c)(2) requires the purpose to be in the privacy notice.

For cookies, each tracker category needs a specific purpose description, not a generic one.

What does not work: "cookies to improve your experience."

What works: "Analytics cookies: collect browsing behavior data including pages visited, traffic source, and session duration. Used to identify content improvement opportunities. Data is not sold or used for targeted advertising."

"Advertising cookies: collect behavioral identifiers shared with advertising platforms for targeted advertising on non-affiliated websites. Include pixels from Meta Ads and Google Ads. Consumers may exercise opt-out via the opt-out link on this page."

### Cookie categories present on the site

The Policy must list tracker categories:

**Necessary cookies:** essential for basic functionality. Do not constitute targeted advertising or data sale. Must be documented but do not require opt-out.

**Analytics cookies:** depends on configuration. If data stays internal, generally does not constitute targeted advertising. If sent to third parties for targeting on other sites, may qualify.

**Advertising cookies:** almost always constitute "targeted advertising" under the CTDPA, which defines it as ads based on data "obtained or inferred from the consumer's activities over time and across nonaffiliated Internet web sites or online applications" (Section 1(28)).

**Functional cookies:** remember preferences. Generally do not constitute targeted advertising or sale.

**Third-party cookies:** fired by external services. [Correct tag categorization](https://goadopt.io/en/blog/difference-cookies-local-storage-session-storage/) is what makes accurate documentation possible.

### Targeted advertising: non-affiliated websites

The CTDPA defines targeted advertising (Section 1(28)) as displaying ads based on personal data obtained or inferred from the consumer's activities over time and across **nonaffiliated** Internet web sites or online applications.

What does not constitute targeted advertising:

Advertisements based on activities within the controller's own websites or online applications.

Advertisements based on the context of a current search query or visit.

Advertisements directed to a consumer in response to an information request.

Processing personal data solely to measure or report advertising frequency, performance, or reach.

Retargeting campaigns using behavioral data from other sites therefore almost always constitute targeted advertising under the CTDPA.

### Sale of personal data

The CTDPA defines sale (Section 1(26)) as the exchange of personal data for monetary or other valuable consideration by the controller to a third party.

Not a sale: disclosure to processors, disclosure for products/services requested by the consumer, disclosure to affiliates, consumer-directed disclosure, publicly made available data, and M&A transfers.

If the site shares data with partners in exchange for services or other economic benefits, it may constitute a sale even without direct cash payment.

### Categories of third parties receiving data via cookies

The Policy must identify the categories of third parties receiving data via cookies (Section 6(c)(5)).

This includes digital advertising platforms, analytics tools, programmatic advertising networks, email marketing platforms receiving behavioral data, and any other partner receiving identifiers or user behaviors collected via cookie.

### Retention period

The obligation to limit collection to what is necessary (Section 6(a)(1)) implies data should also be retained only for as long as necessary. The Cookies Policy must document how long each cookie category stays active and how long data is retained in systems.

## The mandatory opt-out link

Section 6(e)(1)(A)(i) requires a clear and conspicuous link on the controller's website to a page enabling the consumer or their agent to opt out of targeted advertising or sale of personal data.

This link must be visible on the page, not in obscure locations. The Cookies Policy must identify this link and describe how the opt-out works.

## The opt-out preference signal from January 2025

Section 6(e)(1)(A)(ii) requires that from **January 1, 2025**, controllers processing for targeted advertising or selling data allow opt-out via signal sent with consumer consent.

In practical terms for cookies: when a user visits the site with the GPC activated in their browser, the site must interpret this signal as an opt-out of targeted advertising and data sale, and automatically block the corresponding trackers.

The mechanism must meet CTDPA-specific requirements (Section 6(e)(1)(A)(ii)):

Cannot unfairly disadvantage another controller.

Cannot be a default setting: must represent an affirmative, freely given, and unambiguous consumer choice.

Must be consumer-friendly and easy for the average consumer.

Must be as consistent as possible with similar mechanisms required by other laws.

Must enable the controller to accurately determine whether the consumer is a Connecticut resident.

When the opt-out signal conflicts with an existing controller-specific setting or loyalty program participation, the controller must comply with the signal but may notify the consumer of the conflict and give them the option to confirm their prior preference.

The Cookies Policy must describe how the site processes these signals.

## What constitutes valid consent for cookies under the CTDPA

Section 1(6) defines consent as a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement.

What is not valid consent:

Accepting general terms with data processing descriptions alongside unrelated information.

Hovering over, muting, pausing, or closing a piece of content.

Any agreement obtained through dark patterns.

Dark patterns are defined in Section 1(11) as interfaces designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making, or choice, including any practice the FTC refers to as a dark pattern.

The correct standard for cookies: non-essential cookies off by default. The user chooses what to enable, not what to disable.

## Consent revocation in 15 days

If the user granted consent for non-essential cookies and then decides to revoke, Section 6(a)(6) requires the controller to:

Provide a revocation mechanism at least as easy as the consent mechanism.

Cease processing not later than **15 days** after receiving the revocation.

This 15-day deadline is exclusive to the CTDPA and means the [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) must be configured to process revocations promptly, not just log them.

## Protection for teens aged 13 to 15 via cookies

Section 6(a)(7) prohibits processing data of consumers aged 13 to 15 for targeted advertising or sale without their consent when the controller has actual knowledge of that age range.

If the site may have users in this range, the Cookies Policy must describe how advertising cookies are blocked for this audience and how consent is obtained when required.

## When to update the Cookies Policy

The CTDPA does not specify a minimum privacy notice update frequency like the CCPA/CPRA does. But Section 6(a)(2) prohibits processing for purposes not disclosed without consent, and Section 6(a)(1) requires limiting collection to what is necessary for the disclosed purposes.

In practice, situations requiring a Cookies Policy update:

Adding a new advertising pixel or tracker.

New analytics tool sending data to third parties.

New partner receiving behavioral data.

Change in the use of cookie data for new purposes.

Any modification to opt-out mechanisms.

Continuous [data mapping](https://goadopt.io/en/blog/what-is-privacy-by-design/) is what keeps the cookie inventory synchronized with the document.

## Enforcement and penalties

Violations are treated as unfair trade practices by the **Connecticut Attorney General**. There is no private right of action.

From January 2025, the cure period is discretionary. The AG may act without a guaranteed prior correction period.

## How AdOpt helps with the Cookies Policy under the CTDPA

AdOpt's automatic scan identifies all active technologies on the site, feeding the list of categories that must appear in the Cookies Policy.

The [cookie notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) configured through AdOpt blocks non-essential trackers before acceptance, presents categories with clear descriptions, offers real opt-out options, detects and honors the GPC from January 2025, processes revocations within 15 days, and logs every interaction.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Cookies Policy for your site that complies with the CTDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what your Cookies Policy needs for the CTDPA

**Visible link** in the footer and within the cookie banner.

**Listing of cookie categories** with a description of what each does.

**Specific purpose for each category**, without vague descriptions (Section 6(c)(2)).

**Identification of cookies constituting targeted advertising or sale** (Section 6(d)).

**Categories of third parties** receiving data via cookies (Section 6(c)(5)).

**Clear and conspicuous link** for opt-out of targeted advertising/sale on the site (Section 6(e)(1)(A)(i)).

**Opt-out preference signal**: description of how GPC is honored from January 2025 (Section 6(e)(1)(A)(ii)).

**15-day consent revocation**: mechanism and deadline described (Section 6(a)(6)).

**Non-essential cookies disabled by default**, without dark patterns (Section 1(11)).

**Protection for teens aged 13 to 15** described where applicable (Section 6(a)(7)).

**Retention period** for each cookie category.

**Active email address or online mechanism** for contacting the controller (Section 6(c)(6)).

**Accessible language**, without legal jargon.

**No cookie walls**.

## FAQ: CTDPA and Cookies Policy

**1. Is the CTDPA opt-out link different from the CCPA's "Do Not Sell" link?**
They are similar in function but different in requirement. The CCPA requires specific link texts: "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information." The CTDPA simply requires a clear and conspicuous link to an opt-out page for targeted advertising or data sale, without mandating specific text. Businesses that already have the CCPA links likely satisfy the CTDPA requirement, depending on the link's scope.

**2. Is the CTDPA's opt-out preference signal the same as the GPC?**
The GPC is the best-known mechanism meeting the CTDPA's technical specifications. The law does not name the GPC specifically, but the GPC was developed precisely for this type of legal requirement. As long as the mechanism is an affirmative consumer choice (not a default), does not create unfair disadvantage for the controller, and allows verification that the consumer is a Connecticut resident, it meets Section 6(e)(1)(A)(ii).

**3. Does the 15-day consent revocation deadline apply to all cookies?**
It applies when consent is the basis for processing. For advertising cookies where the consumer gave consent and then revokes it, Section 6(a)(6) requires cessation within 15 days. For opt-outs of targeted advertising or sale (which do not require prior consent but rather an opt-out mechanism), the law does not specify the 15-day deadline, but requires cessation as soon as practicable.

**4. Do analytics cookies constitute targeted advertising under the CTDPA?**
It depends on the tool and configuration. If analytics data stays internal or is sent to the provider only to generate reports without use for targeting on other sites, it generally does not qualify. If the tool sends data used for targeting on other sites, it may. The CTDPA's criterion is data "obtained or inferred from activities across nonaffiliated websites" (Section 1(28)).

**5. Does the CTDPA require teens aged 13 to 15 to consent before any cookie?**
Section 6(a)(7) is specific: it prohibits processing data of 13-to-15-year-olds for targeted advertising or sale without their consent. It does not require consent for other types of processing such as internal analytics. The restriction applies when the controller has actual knowledge of the user's age.

[Ready to build a Cookies Policy for your site that complies with the CTDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Connecticut CTDPA compliance

Connecticut CTDPA compliance rests on documents that need to agree with each other: the [privacy policy](https://goadopt.io/en/blog/connecticut-ctdpa-privacy-policy/), which explains what you do with the data; the [privacy portal](https://goadopt.io/en/blog/connecticut-ctdpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


Connecticut CTDPA: Cookies Policy

The Connecticut Data Privacy Act (CTDPA, Public Act No. 22-15) has a few DSAR process peculiarities that set it apart from other US state privacy laws.

This page covers one piece of the picture. For the full scope of the CTDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CTDPA and cookies](https://goadopt.io/en/blog/connecticut-CTDPA-and-cookies-all-you-need-to-know/).

The most important: opt-out requests **do not require authentication**, but the controller may deny them if it has a documented belief of fraud. And the appeal response deadline is **60 days**, not 45 like the initial request deadline.

This article covers all of it: what a DSAR is under the CTDPA, the five guaranteed rights, the specific deadlines, the authentication rules, and how to build a Privacy Portal that works for Connecticut law.

## What is a DSAR under the CTDPA?

DSAR stands for Data Subject Access Request, or Data Rights request in the language of the CTDPA. It is any formal request from a Connecticut resident to exercise the rights the law grants over their own data.

Under Section 4(b), the consumer exercises their rights by a secure and reliable means established by the controller and described in the privacy notice.

If you are already familiar with the [GDPR](https://goadopt.io/en/blog/gdpr-cookies-explained/) data subject rights framework, the structure will feel familiar. The CTDPA adds specific rules on opt-out authentication and the role of authorized agents via technology.

## What are consumer rights under the CTDPA?

Under Section 4(a), Connecticut residents have five rights:

### 1. Right to confirm and access

The consumer may confirm whether the controller processes their data and access the personal data (Section 4(a)(1)).

A CTDPA-specific limitation: if confirmation or access would require the controller to **reveal a trade secret**, the controller is not obligated to do so. This differs from other state laws that do not mention trade secrets in the access right context.

### 2. Right to correction

The consumer may request correction of inaccuracies in personal data, taking into account the nature of the data and the purposes of processing (Section 4(a)(2)).

### 3. Right to deletion

The consumer may request deletion of personal data provided by or obtained about them (Section 4(a)(3)).

For data obtained from third parties (not from the consumer themselves), the controller may comply by retaining only the deletion request record and the minimum data necessary to ensure the data remains deleted (without using that data for any other purpose), or by opting the consumer out of processing that data (Section 4(c)(5)).

### 4. Right to portability

The consumer may obtain a copy of data in a portable and, where technically feasible, readily usable format that allows transmission to another controller without hindrance, where processing is by automated means (Section 4(a)(4)).

The controller is **not required to reveal trade secrets** to fulfill a portability request.

### 5. Right to opt-out

The consumer may refuse processing of personal data for three purposes (Section 4(a)(5)):

Targeted advertising.

Sale of personal data (except as provided in Section 6(b) on loyalty programs).

Profiling in furtherance of **solely automated** decisions that produce legal or similarly significant effects.

The third point is the most important CTDPA distinction: the profiling opt-out applies only to **solely** automated decisions. If there is any human review in the final decision, this opt-out may not apply.

## What are the response deadlines?

Under Section 4(c)(1):

**45 days** to respond from receipt of the request.

Extension of **+45 days** when reasonably necessary, considering complexity and number of requests, with notification within the initial period.

**Free** once per consumer during any 12-month period (Section 4(c)(3)).

For manifestly unfounded, excessive, or repetitive requests: may charge a reasonable fee or decline, with the burden of demonstrating the excessive nature on the controller.

## The appeal process: 60 days, not 45

The CTDPA has a distinctive feature: the appeal response deadline is **60 days**, not 45 like the initial request deadline (Section 4(d)).

The appeal process must be:

Conspicuously available and similar to the request submission process.

Actionable within a reasonable period after the consumer receives the decision.

The response must include any action taken or not taken, along with a written explanation of the reasons.

If the appeal is denied, the controller must provide the consumer with an online mechanism, if available, or other method through which the consumer may contact the **Attorney General** to submit a complaint.

## Authentication: the special rule for opt-outs

The CTDPA has a different authentication rule for opt-outs (Section 4(c)(4)):

For exercising access, correction, deletion, and portability rights: the controller may deny if it cannot authenticate using commercially reasonable efforts. Must notify the consumer that authentication failed and additional information is needed.

For **opt-out requests**: the controller is **not required to authenticate**, but **may deny** if it has a good faith, reasonable, and documented belief that the request is fraudulent. If denying, it must send a notice to the requestor disclosing that it believes the request is fraudulent, why it believes so, and that it will not comply.

This distinction matters for Portal design: the opt-out channel must function without requiring verification, but the controller may have a fraud monitoring process.

## Authorized agents and opt-out signals

Section 5 allows the consumer to designate another person as an authorized agent to exercise opt-out rights on their behalf. This includes via technology such as an Internet link, browser setting, browser extension, or global device setting.

The controller must comply with an opt-out from an authorized agent if it can verify, with commercially reasonable effort, the consumer's identity and the agent's authority.

From **January 1, 2025**, controllers processing for targeted advertising or selling data must accept opt-outs via signal sent with consumer consent (Section 6(e)(1)(A)(ii)). This includes the GPC.

## What should the request submission channel look like?

Section 6(e)(1) requires the controller to establish and describe in the privacy notice one or more secure and reliable means for submitting requests. The means must take into account:

The ways consumers normally interact with the controller.

The need for secure and reliable communication.

The controller's ability to verify the consumer's identity.

The controller cannot require creation of a new account. May require use of an existing account.

Additionally, Section 6(e)(1)(A)(i) specifically requires a clear and conspicuous link on the site to an opt-out page.

## How to process each type of DSAR in practice

### Access request

Receive and authenticate with commercially reasonable efforts.

Locate all personal data about this consumer in systems.

Check whether confirmation or access would reveal trade secrets: if so, may deny that specific part.

Prepare response in accessible format within 45 days.

### Correction request

Receive and authenticate.

Identify the inaccurate data.

Correct in primary systems.

Confirm to the consumer within 45 days.

### Deletion request

Receive and authenticate.

Check whether a legal exception allows retaining the data.

For data obtained from third parties: choose between deleting outright or opting the consumer out of all processing.

Confirm to the consumer what was done.

### Portability request

Receive and authenticate.

Generate a portable data file without revealing trade secrets.

Deliver securely within 45 days.

### Opt-out of targeted advertising and data sale

Receive the request (via Portal, site link, or opt-out signal like GPC).

No authentication required; however, monitor for fraud signals.

If there is reasonable, documented suspicion of fraud: notify the requestor.

Otherwise: cease processing for the indicated purposes.

If the opt-out signal conflicts with an existing controller-specific setting or loyalty program, comply with the opt-out but may notify the consumer of the conflict.

### Opt-out of solely automated profiling

Receive via Portal.

Assess whether the profiling in question is **solely automated** (no human review). If there is significant human review, the opt-out may not apply.

If solely automated: cease using the data for those decisions.

Inform the consumer of the outcome.

## What happens when the controller denies a request?

Under Section 4(c)(2), the controller must inform the consumer without undue delay, but not later than 45 days, with:

The justification for not taking action.

Instructions on how to appeal the decision.

## Consent revocation: 15 days

If the consumer had consented to processing of sensitive data or other consent-based processing and then revokes, Section 6(a)(6) requires:

A revocation mechanism at least as easy as the consent mechanism.

Cessation of processing not later than **15 days** after receiving the revocation.

This 15-day deadline must be factored into consent management systems and Privacy Portal operational processes.

## Special protection for children and teens

For known children (under 13 under COPPA): parents or legal guardians may exercise rights on the child's behalf (Section 4(b)).

For consumers under guardianship or conservatorship: the guardian or conservator may exercise rights on the consumer's behalf (Section 4(b)).

For teens aged 13 to 15: the controller cannot process data for targeted advertising or sale without their consent (Section 6(a)(7)).

## Protection against discrimination

Section 6(a) expressly prohibits discrimination against consumers who exercise their rights, including denying goods or services, charging different prices, or offering different quality.

The exception is voluntary loyalty programs, rewards, premium features, discounts, or club card programs.

## Enforcement: AG exclusively

Section 11(a) grants the Connecticut Attorney General **exclusive authority** to enforce the CTDPA. No District Attorneys are involved (unlike Colorado) and there is no private right of action.

From January 2025, the cure period is discretionary. The AG may consider multiple factors before acting or not.

## How AdOpt helps with the Privacy Portal

AdOpt logs every consent, opt-out, and revocation interaction with a timestamp and unique identifier. When the consumer exercises opt-out via Portal or via signal like the GPC, the system automatically updates the corresponding trackers.

The system processes consent revocations and ensures cessation within 15 days. AdOpt's auditable log serves as evidence of compliance for the Attorney General.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the CTDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the CTDPA

**One or more secure and reliable channels** described in the privacy notice (Section 6(e)(1)).

**Clear and conspicuous link** on the site for opt-out of targeted advertising/sale (Section 6(e)(1)(A)(i)).

**Opt-out preference signal** honored from January 2025 (Section 6(e)(1)(A)(ii)).

**Coverage of 5 rights**: access/confirmation, correction, deletion, portability, opt-out.

**Profiling: only solely automated decisions** covered by the opt-out (Section 4(a)(5)(C)).

**Opt-out without mandatory authentication**: process accepting opt-outs without requiring verification (Section 4(c)(4)).

**Documented fraud denial process** if opt-outs are denied based on fraud suspicion, including mandatory notification.

**Authorized agents** accepted for opt-out via technology (Section 5).

**Deadlines**: 45 days for initial response (+45 ext.); **60 days** for appeals (not 45).

**Conspicuously available appeal process** similar to the original submission process.

**Reference to AG** provided when appeal is denied (Section 4(d)).

**Free** first request per 12-month period (Section 4(c)(3)).

**Consent revocation honored within 15 days** (Section 6(a)(6)).

**Parents/guardians** may exercise rights for children (Section 4(b)).

**Guardians/conservators** may exercise rights for consumers under protection (Section 4(b)).

**Teen 13-15 protection**: process for obtaining consent before targeted advertising/data sale.

## Comparison: Privacy Portal deadlines under the CTDPA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Access, correction, deletion, portability | 45 days | +45 days with notification |
| Opt-out (no authentication required) | No specific deadline | Immediate recommended |
| Appeal of a decision | **60 days** | Not specified |
| Consent revocation | **Max. 15 days** | No extension |
| Cure period (general violations) | Discretionary (2025) | No guarantee |

## FAQ: CTDPA and Privacy Portal

**1. Why do opt-outs not require authentication under the CTDPA?**
Section 4(c)(4) establishes that the controller is not required to authenticate opt-out requests. The rationale is that opt-out is a basic right that should not have unnecessary barriers. The controller may, however, deny if it has a documented good-faith belief of fraud and must notify the requestor with the justification. This balances ease of exercising the right with protection against abuse.

**2. Why does the appeal have a 60-day deadline instead of 45 like initial requests?**
Section 4(d) explicitly establishes 60 days for appeal responses, while initial requests have a 45-day deadline (Section 4(c)(1)). The longer deadline for appeals likely reflects the need for more careful review of an already-made decision. There is no mentioned extension for appeal deadlines.

**3. Is the CTDPA profiling opt-out more restrictive than in other laws?**
Yes. Section 4(a)(5)(C) limits the profiling opt-out to **solely automated** decisions with legal or significant effects. Virginia's [VCDPA](https://goadopt.io/en/blog/virginia-vcdpa-and-cookies-all-you-need-to-know/) and Colorado's CPA cover such decisions without the sole-automation requirement. In practice, if the controller uses automated profiling but a human reviews and makes the final decision, the CTDPA profiling opt-out may not apply.

**4. Who can exercise rights on behalf of other consumers under the CTDPA?**
Section 4(b) allows parents or legal guardians to exercise rights on behalf of known children, and guardians or conservators to exercise rights on behalf of consumers under protective arrangements. Additionally, Section 5 allows any consumer to designate an authorized agent to exercise the opt-out, including via technology such as a browser extension or device setting.

**5. What happens if the controller denies an opt-out for fraud suspicion?**
Section 4(c)(4) allows denial if there is a good faith, reasonable, and documented belief that the opt-out is fraudulent. But it requires notification to the requestor with three elements: that the controller believes the request is fraudulent, why it believes so, and that it will not comply. Without this notification, the denial may itself constitute a violation of the law.

[Ready to build a Privacy Portal for your site that complies with the CTDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Connecticut CTDPA compliance

Connecticut CTDPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/connecticut-ctdpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/connecticut-ctdpa-privacy-policy/), which explains what you do with the data.


Connecticut CTDPA: DSAR Privacy Portal

The Oregon Consumer Privacy Act (OCPA, ORS 646A.570 et seq.) has two specific requirements for sites that process data for targeted advertising or sell personal data.

This page covers one piece of the picture. For the full scope of the OCPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the OCPA and cookies](https://goadopt.io/en/blog/oregon-ocpa-and-cookies-all-you-need-to-know/).

The first is immediate: a clear and conspicuous link on the site to an opt-out page.

The second took effect on **January 1, 2026**: the obligation to honor opt-out signals sent by platforms, technologies, or mechanisms with consumer consent, such as the **Global Privacy Control (GPC)**.

This article focuses exclusively on what the OCPA requires from a Cookies Policy: what must be in the document, how opt-out must work, and what the law's specific requirements mean for each tracker on your site.

## Cookies Policy vs. cookie banner: the necessary distinction

The [cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) is the visual consent interface. It is what the visitor sees when they first access the site.

The Cookies Policy is the detailed document. It is where the user finds complete information about each technology: what it collects, what it is for, who receives the data, and how to exercise rights.

Both need to exist. Both need to be aligned. And the Cookies Policy must be accessible from a clear link within the [consent notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) itself.

## What the OCPA specifically requires for cookies

### Specific purpose for each tracker category

Section 5(1)(a) requires the controller to specify the express purposes for collecting and processing personal data. And Section 5(2)(a) prohibits processing for purposes incompatible with those disclosed, except with new consent.

For cookies, each tracker category needs a specific purpose description, not a generic one.

What does not work: "cookies to improve your experience."

What works: "Analytics cookies: collect browsing behavior data including pages visited, traffic source, and session duration. Used to identify content improvement opportunities. Data is not sold or used for targeted advertising."

"Advertising cookies: collect behavioral identifiers shared with advertising platforms for targeted advertising on non-affiliated websites. Include pixels from Meta Ads and Google Ads. Consumers may exercise opt-out via the link on this page or via GPC."

### Cookie categories present on the site

The Policy must list tracker categories:

**Necessary cookies:** essential for basic functionality. Authentication, session security, shopping cart. Do not constitute targeted advertising or data sale. Must be documented but do not require opt-out.

**Analytics cookies:** depends on configuration. If data stays internal, generally does not constitute targeted advertising. If sent to third parties for targeting on other sites, may qualify and requires opt-out.

**Advertising cookies:** almost always constitute "targeted advertising" under the OCPA, which defines it as ads based on data collected from the consumer's activities over time and across non-affiliated websites or online applications (Section 1(19)).

**Functional cookies:** remember user preferences. Generally do not constitute targeted advertising or sale, but must be documented.

**Third-party cookies:** fired by external services. [Correct tag categorization](https://goadopt.io/en/blog/best-practices-tag-categorization/) is what makes accurate documentation possible.

### Targeted advertising: non-affiliated websites

The OCPA defines targeted advertising (Section 1(19)) as ads selected based on personal data obtained from the consumer's activities over time and across **non-affiliated** websites or online applications.

What does not constitute targeted advertising (Section 1(19)(b)):

Advertisements based on activities within the controller's own websites or applications.

Advertisements based on the context of the current search query or current visit.

Advertisements directed to a consumer in response to an information request.

Processing personal data solely to measure or report advertising frequency, performance, or reach.

Retargeting campaigns using behavioral data from other sites therefore almost always constitute targeted advertising under the OCPA.

### Sale of personal data

The OCPA defines sale (Section 1(17)) as the exchange of personal data for monetary or other valuable consideration by the controller to a third party.

Not a sale: disclosure to processors, disclosure for products or services requested by the consumer, disclosure to affiliates, disclosure directed by the consumer, and M&A transfers.

If the site shares data with partners in exchange for services or other economic benefits, it may constitute a sale even without direct cash payment.

### Categories of third parties receiving data via cookies

The Policy must identify the categories of third parties receiving data via cookies, with enough detail for the consumer to understand what type of entity each one is (Section 5(4)(e)).

This includes digital advertising platforms, analytics tools, programmatic advertising networks, email marketing platforms receiving behavioral data, and any other partner receiving identifiers or user behaviors collected via cookie.

### Retention period

The obligation to limit collection to what is necessary (Section 5(1)(b)) implies data should be retained only for as long as necessary. The Cookies Policy must document how long each cookie category stays active and how long data is retained in systems.

## The mandatory opt-out link on the site

Section 5(5)(b) requires a clear and conspicuous link on the controller's website to a page enabling the consumer or their agent to opt out of targeted advertising or sale of personal data.

This link must be visible on the page, not in obscure locations. The Cookies Policy must identify this link and describe how the opt-out works.

## The opt-out preference signal from January 2026

Section 5(5)(c) requires that from **January 1, 2026**, controllers processing for targeted advertising or selling data honor opt-out signals sent with consumer consent by a platform, technology, or mechanism.

In practical terms for cookies: when a user visits the site with the GPC activated in their browser, the site must interpret this as an opt-out of targeted advertising and data sale, and automatically block the corresponding trackers.

The mechanism must meet OCPA-specific requirements (Section 5(5)(c)):

Cannot unfairly disadvantage another controller.

Cannot be a default setting: must represent an affirmative, freely given, and unambiguous consumer choice.

Must be consumer-friendly and easy for the average consumer.

Must be as consistent as possible with similar mechanisms required by other laws.

Must enable the controller to accurately determine whether the consumer is an Oregon resident.

The Cookies Policy must describe how the site processes these signals.

## What constitutes valid consent for cookies under the OCPA

Section 1(6) defines consent as an affirmative act by which the consumer clearly and conspicuously communicates freely given, specific, informed, and unambiguous agreement. The interface may not have any mechanism with the purpose or substantial effect of obtaining consent by obscuring, subverting, or impairing the consumer's autonomy and decision-making. And inaction does not constitute consent.

The correct standard for cookies: non-essential technologies off by default. The user chooses what to enable, not what to disable.

### What is not valid consent

Accepting general terms with data processing descriptions alongside unrelated information.

Continuing to browse without any explicit action.

Interfaces designed to make opting out harder than accepting.

Banners that reappear until the user accepts.

Cookie walls that block content access until all cookies are accepted.

Section 1(6)(a) of the OCPA is explicit: the interface may not have "any mechanism that has the purpose or substantial effect of obtaining consent by obscuring, subverting or impairing the consumer's autonomy, decision-making or choice."

## The opt-out without authentication requirement

For opt-out requests for targeted advertising, data sales, and profiling, the OCPA does **not allow requiring authentication** (Section 4(5)(e)).

The controller may ask for information necessary to identify who is requesting the opt-out. But it cannot create barriers that make exercising the right more difficult. If the controller has a good faith, reasonable, and documented belief that a request is fraudulent, it may deny, but must notify the requestor with the reason.

This is more restrictive than what many other US state laws require and means the opt-out mechanism in the Cookies Policy must be functional without authentication steps.

## Do analytics cookies require opt-out under the OCPA?

In most cases, yes.

The OCPA defines personal data as including derived data and identifiers reasonably linkable to a consumer. Analytics cookies from major platforms collect identifiers that, when cross-referenced with other data the provider holds, can identify a specific user.

The [ANPD Cookie Guidance](https://goadopt.io/en/blog/anpd-cookies-guidance-personal-data-protection-lgpd/) has already flagged this point: major providers have the ability to cross-reference seemingly anonymous identifiers with other data they hold to re-identify users.

The safest approach: treat analytics cookies as non-necessary in the banner, block them until the consumer makes a choice, and document this categorization in the Cookies Policy.

## Special protection for minors' data

Section 5(2)(c) prohibits processing data of consumers aged 13 to 15 for targeted advertising, profiling for legal decisions, or data sales without consent, when the controller has actual knowledge of that age range.

As of **January 1, 2026**, protection was expanded: prohibition on selling data of minors under 16 and on using data of minors under 16 for targeted advertising and certain types of profiling.

For children under 13, COPPA applies per Section 5(2)(b) of the OCPA.

If the site may have users in these age ranges, the Cookies Policy must describe how their data is treated differently.

## The ban on selling precise geolocation data from 2026

As of **January 1, 2026**, controllers are prohibited from selling precise geolocation data of Oregon consumers.

The OCPA defines precise geolocation as data that identifies the consumer's location within a radius of **1,750 feet** (approximately 533 meters) using technologies such as GPS (Section 1(18)(a)(C)).

If any cookie or tracker on the site collects location data at that precision, the Cookies Policy must:

Explicitly identify this collection as sensitive data processing.

State that this data is not sold to third parties.

Describe that processing requires explicit consumer consent.

## When to update the Cookies Policy

The OCPA requires that processing stay limited to declared purposes (Section 5(2)(a)). Any change in the tool inventory requires a Policy update.

Situations that require an update:

Adding a new advertising pixel or tracker.

A new analytics tool sending data to third parties.

A new partner receiving behavioral data from site users.

Change in the use of cookie data for new purposes.

Any modification to opt-out mechanisms.

Continuous [data mapping](https://goadopt.io/en/blog/data-mapping-or-data-inventory/) is what keeps the cookie inventory synchronized with the document.

## Enforcement and the Cookies Policy

The first-year enforcement report (August 2025) identified three systemic problems directly related to cookies and trackers:

Businesses not offering the right to list the specific third parties that received data via pixels and trackers.

Back-end data such as marketing profiles created from trackers not being included in copy and deletion requests.

Opt-out forms and mechanisms not working correctly.

As of **January 1, 2026**, the 30-day cure period was eliminated. The AG can act without prior notice. An inadequate Cookies Policy and a broken opt-out mechanism are exactly what the Oregon DOJ is looking for in investigations.

## How AdOpt helps with the Cookies Policy under the OCPA

AdOpt's automatic scan identifies all active technologies on the site, feeding the list of categories that must appear in the Cookies Policy.

The [cookie notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) configured through AdOpt blocks non-essential trackers before acceptance, presents categories with clear descriptions, offers targeted advertising opt-out without requiring authentication, detects and honors the GPC from January 2026, and logs every interaction.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Cookies Policy for your site that complies with the OCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what your Cookies Policy needs for the OCPA

**Visible link** in the footer and within the cookie banner.

**Listing of cookie categories** with a description of what each does.

**Specific purpose for each category**, without vague descriptions (Section 5(1)(a)).

**Identification of cookies constituting targeted advertising or sale** (Section 5(4)(h)).

**Categories of third parties** receiving data via cookies, with entity type detail (Section 5(4)(e)).

**Clear and conspicuous opt-out link** for targeted advertising and sale on the site (Section 5(5)(b)).

**Opt-out preference signal**: description of how GPC is honored from January 2026 (Section 5(5)(c)).

**Opt-out without authentication** for targeted advertising, sale, and profiling (Section 4(5)(e)).

**Non-essential cookies disabled by default**, without manipulative design patterns (Section 1(6)(a)).

**Protection for teens aged 13 to 15** described where applicable (Section 5(2)(c)).

**Prohibition on selling data of minors under 16** from January 2026.

**Prohibition on selling precise geolocation data** from January 2026.

**Retention period** for each cookie category.

**Active email or online mechanism** for contacting the controller (Section 5(4)(f)).

**Accessible language**, without legal jargon.

**No cookie walls**.

## FAQ: OCPA and Cookies Policy

**1. Is the OCPA opt-out link different from the CCPA's "Do Not Sell" link?**
They are similar in function but different in requirement. The CCPA requires specific link texts: "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information." The OCPA simply requires a clear and conspicuous link to an opt-out page for targeted advertising or data sale, without mandating specific text (Section 5(5)(b)). Businesses that already have the CCPA links likely satisfy the OCPA requirement, depending on the link's scope.

**2. Is the OCPA's opt-out preference signal the same as the GPC?**
The GPC is the best-known mechanism meeting the OCPA's technical specifications in Section 5(5)(c). The law does not name the GPC specifically, but the GPC was developed precisely for this type of legal requirement. As long as the mechanism is an affirmative consumer choice (not a default), does not create unfair disadvantage for the controller, and allows verification that the consumer is an Oregon resident, it meets the requirement. As of January 2026, honoring the GPC is mandatory, not optional.

**3. Do analytics cookies constitute targeted advertising under the OCPA?**
It depends on the tool and configuration. If analytics data stays internal or is sent to the provider only to generate reports without use for targeting on other sites, it generally does not qualify. If the tool sends data used for segmentation on other sites, it may. The OCPA's criterion is data "collected from the consumer's activities over time and across non-affiliated websites or online applications" (Section 1(19)). The criterion is the use of data in environments external to the controller's site.

**4. Does the OCPA require teens aged 13 to 15 to consent before any cookie?**
Section 5(2)(c) is specific: it prohibits processing data of 13-to-15-year-olds for targeted advertising, profiling for legal decisions, or data sales without those consumers' consent when the controller has actual knowledge. It does not require consent for other types of processing such as internal analytics. As of January 2026, the prohibition extends to minors under 16 for targeted advertising and certain types of profiling.

**5. What changes for geolocation cookies from January 2026?**
As of January 1, 2026, the OCPA prohibits selling precise location data (within 1,750 feet) of Oregon consumers. Precise geolocation data was already classified as sensitive data by Section 1(18)(a)(C) of the OCPA, requiring explicit consent for processing. With the sales ban now in effect, the Cookies Policy must be updated to explicitly state that precise location data is not sold to third parties.

[Ready to build a Cookies Policy for your site that complies with the OCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Oregon OCPA compliance

Oregon OCPA compliance rests on documents that need to agree with each other: the [privacy policy](https://goadopt.io/en/blog/oregon-ocpa-privacy-policy/), which explains what you do with the data; the [privacy portal](https://goadopt.io/en/blog/oregon-ocpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


Oregon OCPA: Cookies Policy

The Oregon Consumer Privacy Act (OCPA, ORS 646A.570 et seq.) has several particularities in the DSAR process that distinguish it from other US state laws.

This page covers one piece of the picture. For the full scope of the OCPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the OCPA and cookies](https://goadopt.io/en/blog/oregon-ocpa-and-cookies-all-you-need-to-know/).

The most important: opt-out requests **do not require authentication**. And the right to list third parties that received personal data was the most frequently denied right in the first year of enforcement. The report from Attorney General Dan Rayfield (August 2025) showed businesses simply did not have that record structured.

This article covers everything: what a DSAR is under the OCPA, what rights are guaranteed under the L.O.C.K.E.D. system, specific deadlines, authentication rules, and how to build a Privacy Portal that works for Oregon law.

## What is a DSAR under the OCPA?

DSAR stands for Data Subject Access Request. It is any formal request made by an Oregon resident to exercise the rights the OCPA guarantees over their own data.

Under Section 4(1), consumers exercise their rights through means established by the controller and described in the privacy notice.

If you already know the [LGPD data subject portal](https://goadopt.io/en/blog/legal-bases-of-lgpd/), the structure is familiar. The OCPA adds specific rules about derived data, opt-out without authentication, and the role of universal opt-out signals via technology.

## What are consumer rights under the OCPA?

The **L.O.C.K.E.D.** system from the Oregon Department of Justice summarizes the rights of Section 3(1) of the OCPA:

### L: Right to list third parties

The consumer may request a list of the specific entities to which the controller has disclosed their personal data, or a list of any personal data disclosed (Section 3(1)(a)(B)).

The controller may choose to provide: (i) a list of specific third parties that received the individual consumer's data, or (ii) a list of any third party that received any personal data from the controller.

This was the most frequently denied right in the first year of enforcement. Businesses did not have the record of data sharing structured in a way that allowed them to respond to this request.

### K: Right to know and confirm

The consumer may obtain confirmation that the controller processes or has processed their personal data and which categories are involved (Section 3(1)(a)(A)).

### C: Right to copy

The consumer may obtain a copy of **all** personal data the controller has processed, in a portable format and readily usable where technically feasible (Section 3(1)(a)(C)).

This scope includes derived data. Marketing profiles, behavioral scores, and audience segment classifications created from the consumer's data are part of the copy that must be delivered.

The enforcement report identified that businesses were not including back-end data such as marketing profiles in responses to copy requests. This constitutes a direct violation of the law.

### E: Right to correction

The consumer may request correction of inaccuracies in personal data, taking into account the nature and purpose of processing (Section 3(1)(b)).

### D: Right to deletion

The consumer may request deletion of personal data, including (Section 3(1)(c)):

Data the consumer provided directly to the business.

Data the business obtained from other sources about the consumer.

Derived data created by the business from other data.

For data obtained from third parties, the OCPA provides an alternative. The controller may fulfill the deletion request by either deleting the data entirely, or opting the consumer out of processing their data for any purpose other than those exempt under Section 2(3) (Section 4(7)).

### O: Right to opt-out

The consumer may refuse processing of data for three specific purposes (Section 3(1)(d)):

Targeted advertising.

Sale of personal data.

Profiling in furtherance of decisions that produce legal effects or effects of similar significance (such as access to credit, housing, insurance, employment, or health care services).

## What are the response deadlines?

Under Section 4(5)(a):

**45 days** to respond from receipt of the request.

Extension of **+45 days** when reasonably necessary, considering complexity and volume of requests, with notification within the initial period.

**Appeal: 45 days** for a written response with decision and reasoning (Section 4(6)(d)).

**Free** once per 12-month period per consumer (Section 4(5)(c)). For subsequent requests, may charge a reasonable fee, except when verifying compliance with a prior correction or deletion.

A key distinction from Connecticut's [CTDPA](https://goadopt.io/en/blog/connecticut-CTDPA-and-cookies-all-you-need-to-know/): the OCPA sets a 45-day appeal deadline, while the CTDPA sets 60 days. The OCPA is faster on appeals.

## The appeal process

Section 4(6) requires the controller to establish an appeal process that is conspicuously available and similar to the original submission process.

The process must:

Allow a reasonable period after the consumer receives the denial for them to appeal.

Be comparable to the original request submission process.

Result in a written response within **45 days** with the decision and reasoning.

If the appeal is denied, the notice must provide or specify information enabling the consumer to contact the Attorney General to submit a complaint (Section 4(6)(d)).

## Authentication: the special rule for opt-outs

Section 4(5)(e) of the OCPA has a different authentication rule for opt-outs:

For exercising access, correction, deletion, and portability rights: the controller may request additional information reasonably necessary to authenticate. If unable to authenticate, it is not required to comply, but must notify the consumer (Section 4(5)(d)).

For **opt-out requests**: the controller **cannot require authentication**. It may ask only for information necessary to identify who is making the opt-out request. If it has a good faith, reasonable, and documented belief that a request is fraudulent, it may deny, but must notify the requestor explaining why and that it will not comply.

This distinction matters for the Privacy Portal: the opt-out mechanism must work without authentication barriers.

## Authorized agents and opt-out signals

Section 4(4) allows consumers to designate another person as an authorized agent to exercise the opt-out on their behalf. This includes via technology: an internet link, browser setting, browser extension, or global device setting.

The controller must honor the opt-out received from an authorized agent if it can verify, with commercially reasonable effort, the identity of the consumer and the authority of the agent.

As of **January 1, 2026**, controllers processing for targeted advertising or selling data must accept opt-outs via signal sent with consumer consent (Section 5(5)(c)). This includes the Global Privacy Control (GPC).

## How the request submission channel must work

Sections 5(4)(i) and 5(5) require the controller to establish and describe in the privacy notice the method for submitting requests. This method must:

Consider how consumers normally interact with the controller.

Ensure security and reliability in communications.

Allow authentication of the consumer's identity.

Provide a clear and conspicuous link for opting out of targeted advertising.

The controller cannot require creation of a new account (Section 4(2)). It may require use of an existing account.

Additionally, Section 5(5)(b) specifically requires a clear and conspicuous link on the site to an opt-out page for targeted advertising and data sale.

As of **January 1, 2026**, the channel must also recognize and honor universal opt-out signals such as the GPC, per Section 5(5)(c).

A well-structured Privacy Portal offers:

A submission form with clear categories (list of third parties, access/copy, correction, deletion, opt-out from advertising/sale/profiling).

A proportionate and non-discriminatory identity verification process.

Automatic receipt confirmation with a tracking number.

A record of each request, action taken, and response sent.

An appeal channel for denied requests.

The [site consent mechanism](https://goadopt.io/en/blog/operation-of-cookie-banner/) and the Privacy Portal must be integrated so that consumer preferences are reflected across the business's operational systems.

## How to process each type of DSAR in practice

### List of third parties request

Receive and authenticate the consumer's identity.

Consult the data sharing record.

Decide whether to provide: (i) a list of specific third parties that received the consumer's data, or (ii) a list of any third party that received any personal data.

Prepare response within 45 days.

Without a structured sharing record, compliance is impossible. Building a data sharing map is a prerequisite.

### Access and copy request

Receive and authenticate.

Locate all personal data in systems, including derived data such as marketing profiles and behavioral scores.

Prepare response in portable format within 45 days.

### Deletion request

Receive and authenticate.

Check for a legal exemption (Section 2(3)).

For data provided by the consumer: delete from all relevant systems.

For data obtained from third parties: delete entirely or opt the consumer out of processing for non-exempt purposes (Section 4(7)).

Confirm to the consumer within 45 days.

### Opt-out from targeted advertising and sale

Receive the request (via Portal, site link, or opt-out signal such as the GPC from 2026).

**Authentication is not required** to process.

Monitor for fraud indicators. If there is documented reasonable suspicion: notify the requestor.

Otherwise: cease processing for the indicated purposes.

### Opt-out from profiling

Receive via Portal.

Identify whether the profiling in question is for decisions with legal effects or effects of similar significance.

If yes: cease using the data for those decisions.

Inform the consumer of the result within 45 days.

## What happens when the controller denies a request?

Under Section 4(5)(b), the controller that does not take action must inform the consumer without undue delay, but no later than 45 days, with:

The justification for not taking action.

Instructions on how to appeal the decision.

## Consent revocation: 15 days

If the consumer had consented to processing of sensitive data or other consent-based processing and then decides to revoke, Section 5(1)(d) requires:

A revocation mechanism at least as easy as the consent mechanism.

Cessation of processing as soon as practicable, but **not later than 15 days** after receiving the revocation.

This deadline must be built into consent management systems and Privacy Portal operational processes.

## Special protection for children and teenagers

Section 4(3) allows parents or legal guardians to exercise rights on behalf of children under 13.

Section 4(3) also allows guardians or conservators to exercise rights on behalf of consumers under guardianship, conservatorship, or other protective arrangement.

For teens aged 13 to 15: the controller cannot process data for targeted advertising or sale without those consumers' consent (Section 5(2)(c)).

As of January 2026: prohibition on selling data of minors under 16 and on using data of minors under 16 for targeted advertising.

## Protection against discrimination

Section 5(2)(d) prohibits discriminating against consumers who exercise their rights, including denying goods or services, charging different prices, or offering different quality.

The exception is voluntary loyalty programs where the difference is reasonably related to the value the data provides (Section 5(3)(b)).

## The elimination of the cure period and DSARs

Through December 31, 2025, the AG was required to notify the business and grant 30 days to cure violations before initiating formal action.

**As of January 1, 2026, that period was eliminated.** The AG may act directly (Section 11 of the OCPA).

Businesses without a structured DSAR process cannot correct in 30 days what should have been implemented from the start. Without the cure period, the risk is even greater. Penalties can reach **US$ 7,500 per violation**, with each consumer whose right was violated potentially counting as a separate violation.

## How AdOpt helps with the Privacy Portal

AdOpt records every consent, opt-out, and revocation interaction with a timestamp and unique identifier. When the consumer exercises opt-out via the Portal or via a signal like the GPC from 2026, the system automatically updates the corresponding trackers.

The system processes consent revocations and ensures cessation within 15 days. AdOpt's auditable log serves as evidence of compliance for the Attorney General.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the OCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the OCPA

**Request submission channel** without requiring creation of a new account (Section 4(2)).

**Clear and conspicuous link** on the site for opt-out from targeted advertising and sale (Section 5(5)(b)).

**Opt-out preference signal** honored from January 2026 (Section 5(5)(c)).

**Coverage of all L.O.C.K.E.D. rights**: list of third parties, access/confirmation, copy (including derived data), correction, deletion, opt-out.

**Derived data included** in the scope of copy and deletion (Sections 3(1)(a)(C) and 3(1)(c)).

**Opt-out without mandatory authentication** for targeted advertising, sale, and profiling (Section 4(5)(e)).

**Fraud denial process** documented for opt-outs denied on suspicion of fraud.

**Authorized agents** accepted for opt-out, including via technology (Section 4(4)).

**Deadlines**: 45 days to respond (+45 ext.); **45 days** for appeal.

**Appeal mechanism** conspicuously available and similar to original process (Section 4(6)).

**Reference to the AG** provided when appeal is denied (Section 4(6)(d)).

**Free service** once per 12-month period per consumer (Section 4(5)(c)).

**15-day consent revocation** honored (Section 5(1)(d)).

**Documented record** of each request, action taken, and response sent.

**Parents/legal guardians** may exercise rights for children under 13 (Section 4(3)).

**Guardians/conservators** may exercise rights for consumers under protective arrangements (Section 4(3)).

**Teen protection 13-15**: consent process before processing for advertising/sale.

## Comparative: Privacy Portal deadlines under the OCPA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Access, list, copy, correction, deletion | 45 days | +45 days with notification |
| Opt-out (no authentication required) | No specific deadline | Immediate recommended |
| Appeal | 45 days | Not specified |
| Consent revocation | Max. 15 days | No extension |
| Cure period for violations | Eliminated (Jan 2026) | No guarantee |

## FAQ: OCPA and Privacy Portal

**1. Why does opt-out not require authentication under the OCPA?**
Section 4(5)(e) establishes that for opt-out requests from targeted advertising, sale, and profiling, the controller must comply without requiring authentication. The rationale is that opt-out is a basic right that should not have unnecessary barriers. The controller may deny only if it has a documented good-faith belief that the request is fraudulent, and must notify the requestor with the reason. Without that notification, the denial may be considered a violation.

**2. Why was the right to list third parties the most denied right in the first year?**
The report from AG Dan Rayfield (August 2025) identified that businesses simply did not have the structured record of who had received personal data. To comply with Section 3(1)(a)(B), the controller must know exactly which entities received data from a specific consumer, or which entities received any personal data from the controller. Without an updated data sharing map, it is impossible to respond to this request.

**3. What makes the deletion of derived data a key differentiator of the OCPA?**
The OCPA explicitly includes derived data in the personal data definition (Section 1(13)) and in the scope of the right to deletion (Section 3(1)(c)). When a consumer requests deletion, marketing profiles, propensity scores, and audience segment classifications created from their data must also be deleted. The enforcement report identified that businesses were not including this data in responses, which constituted a direct violation.

**4. Who may exercise rights on behalf of other consumers under the OCPA?**
Section 4(3) allows parents or legal guardians to exercise rights on behalf of children under 13, and guardians or conservators to exercise rights on behalf of consumers under protective arrangements. Section 4(4) allows any consumer to designate an authorized agent for opt-out, including via technology such as a browser extension or device setting.

**5. What happens if the controller does not have a DSAR process when the Attorney General investigates?**
As of January 2026, there is no longer a 30-day cure period. The AG may initiate action directly (Section 11 of the OCPA). If violations are identified, penalties of up to US$ 7,500 per violation may be sought. Each consumer whose right was violated can be counted as a separate violation, quickly escalating the financial exposure. The 2025 enforcement report showed that inaccessible or non-functional rights forms were among the most common problems found during investigations.

[Ready to build a Privacy Portal for your site that complies with the OCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Oregon OCPA compliance

Oregon OCPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/oregon-ocpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/oregon-ocpa-privacy-policy/), which explains what you do with the data.


Oregon OCPA: DSAR Privacy Portal

A California resident visits your site, consumes your content, and at some point decides to exercise the rights the law guarantees. They want to know what you have about them. They want to correct inaccurate information. They want you to stop sharing their data with advertising networks.

This page covers one piece of the picture. For the full scope of the CPRA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the CPRA and cookies](https://goadopt.io/en/blog/california-cpra-and-cookies-all-you-need-to-know/).

What happens next?

The California Privacy Rights Act (CPRA) defines precisely what must happen: the channel for receiving the request, the response deadlines, what is free and what is not, and what happens when the business does not comply.

The major additions compared to the original CCPA: the right to correct data, the right to limit use of sensitive personal information, and automatic tripled penalties for violations involving consumers under 16.

This article covers everything.

## What is a DSAR under the CPRA?

DSAR stands for Data Subject Access Request. It is any formal request from a California consumer to exercise the rights the CPRA guarantees over their own data.

Under Civil Code § 1798.130, consumers exercise their rights through means established by the business and described in the privacy policy.

If you already know the [LGPD data subject portal](https://goadopt.io/en/blog/lgpd-cookies-all-you-need-to-know/), the logic is familiar. The CPRA adds new rights and strengthens protections for minors.

## What are consumer rights under the CPRA?

Under Civil Code § 1798.100 through § 1798.125, California residents have the following rights:

### Right to know

The consumer may request that the business disclose:

The categories of personal information collected about them.

The specific categories of sources from which information was collected.

The business or commercial purpose for collecting, selling, or sharing the information.

The categories of third parties to which the business discloses information.

The specific pieces of personal information collected about the consumer.

### Right to access

The consumer may obtain a copy of the specific personal information the business has collected in the past 12 months (Civil Code § 1798.100(a)).

### Right to deletion

The consumer may request deletion of their personal information, with some exceptions (Civil Code § 1798.105). Exceptions include: completing the transaction, security, debugging, internal research, and legal compliance.

### Right to correct

This is a new right the CCPA did not have (Civil Code § 1798.106). The consumer may request that the business correct inaccurate personal information it maintains about them, taking into account the nature of the information and the purposes of processing.

### Right to portability

The consumer may obtain personal information in a portable, usable format (Civil Code § 1798.100(a)).

### Right to opt-out of selling and sharing

The consumer may refuse the selling of personal information and the sharing for cross-context behavioral advertising (Civil Code § 1798.120). This right is exercised via the "Do Not Sell or Share My Personal Information" link.

### Right to limit SPI use

This is another new right from the CPRA (Civil Code § 1798.121). The consumer may limit use and disclosure of their sensitive personal information to essential purposes: providing the requested product or service, security and integrity, and legal compliance. This right is exercised via the "Limit the Use of My Sensitive Personal Information" link.

### Right to non-discrimination

The business cannot discriminate against consumers who exercise their rights, including denying products, charging different prices, or offering lower quality (Civil Code § 1798.125).

## What are the response deadlines?

Under Civil Code § 1798.130(a)(2):

**45 days** to respond from receipt of the verified request.

Extension of **+45 days** when reasonably necessary, with consumer notification within the initial period.

**Free up to 2 times per year** per consumer. For a third or subsequent request within the same 12-month period, the business may charge a reasonable fee.

The 45-day deadline applies to know/access, deletion, correction, and portability requests, and for confirmation that opt-outs and limitations have been applied.

## The opt-out process: no unnecessary barriers

The CPRA is explicit: the business cannot require the consumer to create an account or go through more than two steps to exercise the opt-out of selling and sharing (Civil Code § 1798.120(c)).

The opt-out process must:

Be direct and accessible via the "Do Not Sell or Share My Personal Information" link.

Not require creation of a new account.

Not involve more than two steps to opt-out confirmation.

Honor the Global Privacy Control (GPC) as a valid form of opt-out.

Be free of charge.

## The request process: reasonable authentication

For access, deletion, correction, and portability requests, the business may verify the consumer's identity using methods reasonably designed to verify that the requesting person is the consumer about whom data was collected (Civil Code § 1798.130(a)(2)).

Verification must be proportionate to the type of data involved. For low-risk data, email confirmation may be sufficient. For more sensitive data, a second verification factor may be justified.

What is never acceptable: requiring more information than necessary to verify identity, or creating deliberately burdensome processes to discourage requests.

The business cannot require the consumer to provide their password to exercise their rights.

## Authorized agents

The consumer may designate an authorized agent to submit requests on their behalf (Civil Code § 1798.130(a)(2)(C)).

For opt-out requests: the business must respect the agent's request if the consumer has provided the agent with signed written permission, or upon reasonable verification of both the consumer's identity and the agent's authority.

The Global Privacy Control (GPC) functions as a form of technological authorized agent: by activating the GPC, the consumer is designating their browser configuration as an agent to transmit the opt-out.

## What happens when the business denies a request?

The business may deny when:

It cannot verify the consumer's identity.

The request applies to information collected before January 2022 (for CPRA enforcement, except for the right to access).

There is a legal exception justifying retention.

In all cases, the denial must be communicated to the consumer, with:

Justification for the denial.

Information on how to contact the CPPA to submit a complaint.

## Special protection for minors under 16

The CPRA has specific rules for minors that directly affect the Privacy Portal.

For consumers under 16, the business cannot sell or share personal information without active opt-in. If the business receives a DSAR related to opt-out from a consumer under 16, that is moot because opt-in should never have occurred without permission.

If a consumer under 16 declined or revoked opt-in, the business must wait 12 months before requesting consent again for selling or sharing.

For consumers under 13, consent was given by parents or guardians. DSARs from consumers under 13 must be processed in coordination with parents or legal guardians.

Penalties for violations involving data of consumers under 16 are tripled and automatic: up to **US$ 7,500 per violation**, without needing to prove intent.

## The private right of action: the CPRA differentiator

The CPRA preserves and expands the private right of action that the CCPA introduced. This is a key differentiator from other US state laws like the VCDPA, OCPA, and [CTDPA](https://goadopt.io/en/blog/connecticut-CTDPA-and-cookies-all-you-need-to-know/), which have no private right of action.

Consumers can sue the business directly when there is an unauthorized data security breach resulting in unauthorized access, theft, disclosure, use, modification, or destruction of unencrypted, unredacted personal information in specified categories.

Minimum damages are **US$ 100 to US$ 750 per consumer per incident**, or actual damages, whichever is greater. Class actions are permitted.

## Protection against discrimination

Civil Code § 1798.125 prohibits discriminating against consumers who exercise their rights, including denying goods or services, charging different prices, or offering different quality.

The exception is loyalty, rewards, premium features, or discount programs where the difference is reasonably related to the value the business derives from the data, provided the consumer participates voluntarily.

## Documentation and records

Each processed request must be documented. This includes:

Date and time of receipt.

Type of request and right exercised.

Identity verification process conducted.

Action taken (fulfilled, denied, or alternative adopted).

Date and form of response to the consumer.

If denied: justification recorded.

This documentation is what protects the business during a CPPA investigation.

## How AdOpt helps with the Privacy Portal

AdOpt records every consent, opt-out from selling and sharing, and SPI use limitation interaction, with a timestamp and unique identifier. When the consumer opts out via the site link or via the GPC, the system automatically updates the corresponding trackers.

AdOpt's auditable log serves as evidence of compliance for the CPPA. And when the law changes, the platform updates automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the CPRA

**Request submission channel** described in the privacy policy (Civil Code § 1798.130).

**"Do Not Sell or Share My Personal Information"** link visible on homepage and collection pages (Civil Code § 1798.120).

**"Limit the Use of My Sensitive Personal Information"** link if SPI is collected (Civil Code § 1798.121).

**GPC honored** as a valid form of opt-out from selling and sharing.

**Coverage of all rights**: know, access, deletion, correction, portability, opt-out from selling/sharing, SPI limitation, non-discrimination.

**Right to correct** described with process and 45-day deadline (Civil Code § 1798.106).

**Right to limit SPI** described with process and 45-day deadline (Civil Code § 1798.121).

**Opt-out without unnecessary multiple steps** (maximum 2 steps to confirmation).

**Authorized agents** accepted for request submission (Civil Code § 1798.130 a(2)(C)).

**Deadlines**: 45 days to respond (+45 ext.); reasonable period for appeals.

**Free service** for up to 2 requests per consumer per year (Civil Code § 1798.130 a(3)).

**Documented record** of each request, action taken, and response sent.

**Protection for consumers under 16**: mandatory opt-in for selling/sharing.

**12-month waiting rule** after consumers under 16 decline consent.

**Information about CPPA** for submitting complaints after denials.

## Comparative: Privacy Portal deadlines under the CPRA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Know, access, deletion, correction, portability | 45 days | +45 days with notification |
| Opt-out of selling and sharing | No specific deadline | Immediate recommended |
| Limit SPI use | No specific deadline | Immediate recommended |
| Free service per year | 2 times per consumer | Reasonable fee from 3rd request |

## FAQ: CPRA and Privacy Portal

**1. What is the new right to correct data under the CPRA and how must the Privacy Portal accommodate it?**
The right to correction (Civil Code § 1798.106) was added by the CPRA and did not exist under the CCPA. It allows consumers to request correction of inaccurate personal information maintained by the business. The Privacy Portal must have a specific option to request data correction, describe the verification and correction process, and respond within 45 days informing whether the correction was made or justifying why it was not possible. The business may maintain original data if it believes it is accurate, but must document the correction request and communicate the outcome to the consumer.

**2. How does the right to limit use of sensitive personal information (SPI) work?**
The right to SPI limitation (Civil Code § 1798.121) allows consumers to instruct the business to limit use of their sensitive personal information to essential purposes: providing the requested product or service, security, debugging, internal research, and compliance. The Privacy Portal must have a mechanism to receive this request, or the business must provide the "Limit the Use of My Sensitive Personal Information" link that leads to a page where this right can be exercised without multiple steps.

**3. Why is the GPC a valid form of opt-out under the CPRA?**
The CPPA confirmed in its guidance that the Global Privacy Control (GPC) is a valid technological form of opt-out from selling and sharing personal information under the CPRA. By activating the GPC, the consumer is automatically instructing each site visited not to sell or share their data. Ignoring the GPC when a visitor has it enabled is equivalent to ignoring an explicit opt-out, which constitutes a CPRA violation. A properly configured CMP detects the GPC and automatically blocks advertising trackers for visitors who have it enabled.

**4. Does the CPRA have an appeal process for consumers whose requests were denied?**
The CPRA does not have a formal structured appeal process like the [OCPA](https://goadopt.io/en/blog/oregon-ocpa-and-cookies-all-you-need-to-know/) and CTDPA. When the business denies a request, it must inform the consumer that they can submit a complaint to the California Privacy Protection Agency (CPPA). The CPPA complaint process is the primary avenue of recourse for consumers whose requests were denied without adequate justification.

**5. How should the Privacy Portal handle requests from parents on behalf of minor children?**
For consumers under 13, parents or legal guardians are the holders of the consent right. A DSAR submitted by a parent on behalf of a child under 13 must be processed the same way as a request from the consumer themselves, after reasonable verification of the parent/guardian relationship. For teenagers aged 13 to 15, the business may require the teenager themselves to submit the request, since the law recognizes teenagers' ability to exercise their own rights, while opt-in for selling/sharing remains required.

[Ready to build a Privacy Portal for your site that complies with the CPRA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about California CPRA compliance

California CPRA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/california-cpra-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/california-cpra-privacy-policy/), which explains what you do with the data.


California CPRA: DSAR and Privacy Portal

The Utah Consumer Privacy Act (UCPA, Utah Code § 13-61-101) has the simplest DSAR process among current US state privacy laws.

This page covers one piece of the picture. For the full scope of the UCPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the UCPA and cookies](https://goadopt.io/en/blog/utah-ucpa-and-cookies-all-you-need-to-know/).

Four rights. No formal appeal process. No special authentication distinction for opt-out requests. And the response deadline is the same for all: 45 days.

But there are particularities worth attention: the deletion right is more restricted than in other laws, and the UCPA has specific rules about fee charging and fraud protection in requests.

This article covers everything.

## What is a DSAR under the UCPA?

DSAR stands for Data Subject Access Request. It is any formal request from a Utah resident to exercise the rights the UCPA guarantees over their own data.

Under Utah Code § 13-61-202(1), consumers exercise their rights by submitting a request to the controller, using the means prescribed by the controller, specifying which right they intend to exercise.

If you already know the [LGPD data subject portal](https://goadopt.io/en/blog/lgpd-cookies-all-you-need-to-know/), the structure is familiar, but simplified. The UCPA has no formal appeal process and the scope of some rights is more limited.

## What are consumer rights under the UCPA?

Under Utah Code § 13-61-201, Utah residents have four rights:

### 1. Right to confirm and access

The consumer may confirm whether the controller is processing their personal data and access that data (§ 13-61-201(1)).

The response must be provided in an accessible format within 45 days.

### 2. Right to deletion

The consumer may request deletion of personal data they provided to the controller (§ 13-61-201(2)).

**Note on the limited scope:** the UCPA limits the deletion right to data the consumer **provided** to the controller. Data the controller obtained from other sources, such as data brokers, third-party lists, or inferences created from other data, do not need to be deleted under the UCPA.

This is substantially different from laws like the [OCPA](https://goadopt.io/en/blog/oregon-ocpa-and-cookies-all-you-need-to-know/) and CTDPA, which require deletion of data obtained from any source, including derived data.

### 3. Right to portability

The consumer may obtain a copy of the personal data they provided to the controller, in a portable format where technically feasible and practicable, for transmission to another controller without impediment, when processing is carried out by automated means (§ 13-61-201(3)).

The scope is also limited to data the consumer provided, not all data the controller holds about the consumer.

### 4. Right to opt-out

The consumer may refuse processing of their personal data for targeted advertising or sale of personal data (§ 13-61-201(4)).

**What the UCPA does not include in opt-out:** profiling. The UCPA does not guarantee opt-out of profiling for decisions with legal or significant effects, unlike the OCPA, VCDPA, and CTDPA. The opt-out covers only targeted advertising and data sales.

## What the UCPA does not have: absent rights compared to other laws

For businesses already processing DSARs for other jurisdictions, it is worth noting what the UCPA does not provide:

**No right to correct.** The UCPA does not guarantee the right to correct inaccurate data. Laws like the CPRA, OCPA, VCDPA, and CTDPA all include this right.

**No formal structured appeal process.** When the controller denies a request, the UCPA does not require a structured appeal process. The consumer may file a complaint with the Division of Consumer Protection.

**No opt-out of profiling.** The UCPA covers only targeted advertising and data sales in the opt-out, excluding profiling for decisions with legal effects.

**Deletion limited to data provided by the consumer.** Third-party data and derived data do not need to be deleted.

## What are the response deadlines?

Under Utah Code § 13-61-203:

**45 days** to respond from receipt of the request (§ 13-61-203(2)(a)).

Extension of **+45 days** when reasonably necessary due to complexity or volume, with notification before the initial period expires (§ 13-61-203(2)(b)(c)).

If the controller reasonably suspects the request is fraudulent and cannot authenticate before the deadline expires, the 45-day period does not apply until authentication is completed (§ 13-61-203(2)(d)).

**Free for the first request** from each consumer per 12-month period (§ 13-61-203(4)(a)).

## When the business may charge a fee or refuse

Utah Code § 13-61-203(4)(b) allows the controller to charge a reasonable fee or refuse to act if the request:

Is excessive, repetitive, technically infeasible, or manifestly unfounded.

The controller reasonably believes the primary purpose in submitting the request is something other than exercising a right.

The request, individually or as part of an organized effort, harasses, disrupts, or imposes undue burden on the business's resources.

The controller that charges a fee or refuses to act based on these criteria bears the burden of demonstrating that the request satisfies one or more of the listed criteria.

## Authentication: no special rule for opt-out

One important difference from the OCPA: the UCPA has no special authentication rule for opt-out requests. Under § 13-61-203(5), if the controller cannot authenticate the request using commercially reasonable efforts, it is not required to comply, but may request additional information reasonably necessary to authenticate.

This rule applies equally to all types of requests, including opt-out. This differs from the OCPA, which prohibits requiring authentication for opt-out from targeted advertising.

## How the request submission channel must work

Under Utah Code § 13-61-203(1) and 302(1)(a)(iii), the controller must establish means by which consumers can submit requests, and describe those means in the privacy notice.

The controller cannot require the consumer to create a new account solely to exercise a right. The law allows use of an existing account (§ 13-61-202(1) refers to using "means prescribed by the controller").

A well-structured Privacy Portal for the UCPA includes:

A form with the four rights categories.

A proportionate identity verification process.

Receipt confirmation.

Record of the request, action taken, and response sent.

The [site consent mechanism](https://goadopt.io/en/blog/operation-of-cookie-banner/) and the Privacy Portal must be integrated so that opt-out preferences are reflected in the business's operational systems.

## Protection of children

Under Utah Code § 13-61-202(2), in the case of processing personal data of a known child, the parent or legal guardian must exercise rights on the child's behalf.

Under § 13-61-202(3), in the case of processing data of a consumer subject to guardianship, conservatorship, or other protective arrangement, the guardian or conservator exercises rights on the consumer's behalf.

For data of known children, the business must comply with COPPA (§ 13-61-102(3)), including verifiable parental consent before any data collection.

## What happens when the controller denies a request?

Under Utah Code § 13-61-203(3), a controller that decides not to act on a consumer's request must inform the consumer within 45 days, with the reasons for not taking action.

The UCPA does not describe a formal appeal process. There is no specific appeal deadline, nor an obligation to inform about how to contact the regulator in case of denial.

The consumer may file a complaint with the Division of Consumer Protection, which may investigate and, if it finds substantial evidence of violation, refer to the Attorney General.

## How to process each type of DSAR in practice

### Access and confirmation request

Receive and authenticate with commercially reasonable efforts.

Confirm whether the consumer's data is being processed.

Locate the consumer's personal data in relevant systems.

Prepare response in an accessible format within 45 days.

### Deletion request

Receive and authenticate.

Identify which data the consumer directly provided.

Check for a legal exception justifying retention.

Delete the identified data from relevant systems.

**Important note:** data the controller obtained from sources other than the consumer themselves (data brokers, third-party lists, derived data) does not need to be deleted under the UCPA.

### Portability request

Receive and authenticate.

Identify which data the consumer directly provided.

Prepare response in a portable, usable format.

Deliver to consumer within 45 days.

### Opt-out from targeted advertising and data sales

Receive request via the designated channel.

Authenticate with commercially reasonable efforts.

Cease processing for the indicated purposes.

Update corresponding tracking systems.

Inform the consumer within 45 days.

## Protection against discrimination

Utah Code § 13-61-302(4) prohibits discriminating against consumers who exercise their rights, including denying goods or services, charging different prices, or offering different quality.

The exception is voluntary loyalty programs and situations where the consumer opted out of targeted advertising and the business adjusted pricing accordingly, provided the price difference is reasonably related to the value the data provides the business.

## Documentation and records

Each processed request must be documented. This includes:

Date and time of receipt.

Type of right exercised.

Authentication process conducted.

Action taken.

Date and form of response to the consumer.

If denied: justification recorded.

This documentation is what protects the business when the Division of Consumer Protection investigates complaints or when the case is referred to the Attorney General.

## The cure period and DSARs

Before initiating any action, the Attorney General must notify the controller and grant **30 days to cure** (§ 13-61-402(3)). This deadline is guaranteed permanently.

Businesses without a structured DSAR process find it difficult to implement in 30 days what should have been in place from the start. The cure period is a guarantee, not a compliance strategy.

## How AdOpt helps with the Privacy Portal

AdOpt records every consent and opt-out interaction with a timestamp and unique identifier. When the consumer exercises opt-out from targeted advertising, the system automatically updates the corresponding trackers.

AdOpt's auditable log serves as evidence of compliance for the Division of Consumer Protection and the Attorney General. And when the law changes, the platform updates automatically.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Privacy Portal for your site that complies with the UCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what the Privacy Portal needs for the UCPA

**Request submission channel** described in the privacy notice (§ 13-61-302(1)(a)(iii)).

**Coverage of the 4 rights**: confirm/access, deletion (data provided by consumer), portability, opt-out from targeted advertising and data sales.

**No requirement to create a new account** to exercise rights.

**45-day deadline** to respond (+45 ext. with notification) (§ 13-61-203(2)).

**Authentication with commercially reasonable efforts** for all request types (§ 13-61-203(5)).

**Free service** for the first request per 12-month period (§ 13-61-203(4)(a)).

**Documented record** of each request, action taken, and response sent.

**Child protection**: parents/guardians exercise rights for known children (§ 13-61-202(2)).

**COPPA compliance** for data of children under 13 (§ 13-61-102(3)).

**Protection against discrimination** for consumers exercising rights (§ 13-61-302(4)).

## Comparative: Privacy Portal deadlines under the UCPA

| Request type | Response deadline | Extension possible |
|---|---|---|
| Access, deletion, portability | 45 days | +45 days with notification |
| Opt-out (targeted advertising and data sales) | 45 days | +45 days with notification |
| Appeal of denial | Not structured by the UCPA | N/A |
| Cure period for violations | 30 days guaranteed | No extension |

## FAQ: UCPA and Privacy Portal

**1. Why is the UCPA deletion right more restricted than in other state laws?**
Utah Code § 13-61-201(2) limits the deletion right to "personal data the consumer provided to the controller." This excludes data the controller obtained from third parties, data inferred or derived from other data, and data obtained from sources other than the consumer themselves. In contrast, laws like the OCPA and CTDPA require deletion of data from any source. The UCPA reflects the Utah legislature's philosophy of protecting consumers without creating excessively burdensome obligations for businesses.

**2. Does the UCPA have a formal appeal process when the controller denies a request?**
No. Unlike the OCPA (45 days for appeal), CTDPA (60 days), and VCDPA (60 days), the UCPA does not define a structured appeal process. When the controller denies a request, it must inform the consumer of the reasons within 45 days (§ 13-61-203(3)). The consumer may then file a complaint with the Division of Consumer Protection, which may investigate and refer to the Attorney General if it finds substantial evidence of violation.

**3. Does the UCPA require opt-out of profiling?**
No. The UCPA's opt-out right covers only targeted advertising and data sales (§ 13-61-201(4)). Laws like the VCDPA, OCPA, and CTDPA include opt-out of profiling for decisions with legal or significant effects. The UCPA is the only one among the major US state laws that does not include this right.

**4. Does the Privacy Portal need a separate opt-out process from other rights?**
Not in any special way. Unlike the OCPA, which prohibits requiring authentication for opt-out, the UCPA uses the same "commercially reasonable efforts" authentication standard for all request types (§ 13-61-203(5)). The opt-out does not need a separate or simpler authentication flow than access or deletion.

**5. What happens if the controller suspects a request is fraudulent?**
Utah Code § 13-61-203(2)(d) establishes that the 45-day deadline does not apply if the controller reasonably suspects the request is fraudulent and cannot authenticate before the deadline expires. The controller may request additional information for authentication (§ 13-61-203(5)(b)). If the fraud suspicion is reasonable and documented, the controller may charge a fee or refuse to act, bearing the burden of demonstrating the fraudulent nature.

[Ready to build a Privacy Portal for your site that complies with the UCPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Utah UCPA compliance

Utah UCPA compliance rests on documents that need to agree with each other: the [cookies policy](https://goadopt.io/en/blog/utah-ucpa-cookies-policy/), which declares every tracker and its purpose; the [privacy policy](https://goadopt.io/en/blog/utah-ucpa-privacy-policy/), which explains what you do with the data.


Utah UCPA: DSAR and Privacy Portal

The Iowa Consumer Data Protection Act (ICDPA, Iowa Code § 715D) has a specific requirement for advertising cookies worth highlighting from the start.

This page covers one piece of the picture. For the full scope of the ICDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our [complete guide to the ICDPA and cookies](https://goadopt.io/en/blog/iowa-icdpa-and-cookies-all-you-need-to-know/).

The law formally lists only the opt-out from data sales as a consumer right (§ 715D.3(1)(d)). But § 715D.4(6) requires that, if the business engages in targeted advertising, it must clearly disclose this and describe how the consumer can exercise an opt-out from that activity.

In practice, any site with advertising pixels must offer an opt-out from targeted advertising, even though it is technically a transparency obligation rather than a formally listed right.

This article focuses exclusively on what the ICDPA requires from a Cookies Policy.

## Cookies Policy vs. cookie banner: the necessary distinction

The [cookie banner](https://goadopt.io/en/blog/how-to-choose-a-cookie-banner-for-your-website/) is the consent interface. It is what the visitor sees when they first access the site.

The Cookies Policy is the detailed document. It is where the user finds complete information about each technology: what it collects, what it is for, who receives the data.

Both need to exist. Both need to be aligned. And the Cookies Policy must be accessible from a clear link within the [consent notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) itself.

## What the ICDPA specifically requires for cookies

### Specific purpose for each tracker category

Under § 715D.4(5)(b), the privacy notice must include the purpose for processing personal data. For cookies, this translates into describing the purpose of each tracker category clearly.

What does not work: "cookies to improve your experience."

What works: "Analytics cookies: collect browsing behavior data to identify content improvement opportunities. Data is not sold to third parties."

"Advertising cookies: collect behavioral identifiers sent to advertising platforms for targeted advertising on non-affiliated websites. Consumers may opt out via the mechanism described in the privacy notice."

### Cookie categories present on the site

The Policy must list the tracker categories:

**Necessary cookies:** essential for basic functionality. Do not constitute targeted advertising or data sale. Must be documented.

**Analytics cookies:** measure browsing behavior. Depending on the tool, may constitute targeted advertising if data is sent to third parties for targeting on other sites.

**Advertising cookies:** feed ad pixels for targeted advertising on non-affiliated sites. Require disclosure and opt-out per § 715D.4(6).

**Functional cookies:** remember user preferences. Generally do not constitute targeted advertising or data sale.

**Third-party cookies:** fired by external services. [Correct tag categorization](https://goadopt.io/en/blog/best-practices-tag-categorization/) is what makes accurate documentation possible.

### Targeted advertising: the ICDPA criterion

Under § 715D.1(28), targeted advertising consists of ads selected based on data obtained from the consumer's activities over time and across **non-affiliated** websites or online applications.

What does not constitute targeted advertising:

Ads based on activities within the controller's own site or affiliated sites.

Ads based on the context of the current search query or current visit.

Ads in response to consumer information requests or feedback.

Processing solely to measure advertising performance, reach, or frequency.

Retargeting campaigns using consumer behavior data from other sites almost always constitute targeted advertising.

### The distinction between "sale" and "targeted advertising" under the ICDPA

The ICDPA distinguishes:

**Sale of data** (§ 715D.1(25)): exchange for monetary consideration to third parties. Consumer has a formal opt-out right.

**Targeted advertising** (§ 715D.1(28)): use of behavior data from non-affiliated sites to select ads. Not a formally listed opt-out right in § 715D.3, but the controller is required to disclose and offer opt-out per § 715D.4(6).

This creates an operational distinction: the business must offer opt-out from targeted advertising as part of transparency obligations, even though the consumer cannot formally "invoke" this opt-out in the same way they can invoke opt-out from data sales.

### Categories of third parties receiving data via cookies

Under § 715D.4(5)(d) and (e), the privacy notice must identify categories of data shared with third parties and categories of third parties with whom data is shared.

For cookies, this includes digital advertising platforms, analytics tools that send data to third parties, and any partner receiving behavioral data from site users.

### Retention period

The ICDPA does not require the Cookies Policy to specify data retention periods. This is a CPRA requirement, but not an ICDPA requirement.

Including retention information is a best practice for sites serving consumers in other jurisdictions, but it is not required by Iowa law.

## The opt-out mechanism for sales and targeted advertising

Under § 715D.4(6), the controller must clearly describe how the consumer can opt out of both data sales and targeted advertising.

The format of the opt-out mechanism is not specified. It may be a footer link, a button in the cookie notice, or an online form described in the privacy notice.

The Cookies Policy must identify this mechanism and describe what happens when the consumer exercises the opt-out: which technologies are deactivated.

A well-configured [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) ensures that when the user exercises opt-out, all advertising pixels and trackers automatically stop firing.

## Sensitive data collected via cookies

Under § 715D.1(26), sensitive data includes precise geolocation data (within 1,750 feet) and biometric data for identification.

If the site collects precise geolocation data via cookies, that is sensitive data under the ICDPA.

For sensitive data, the ICDPA requires (§ 715D.4(2)):

Presenting the consumer with a clear notice before processing.

Offering an opt-out opportunity.

This is the same opt-out model as the UCPA. It does not require prior consent, only notice and opt-out.

## Do analytics cookies constitute targeted advertising under the ICDPA?

If Google Analytics sends user behavior data to Google and that data is used for advertising on other sites, this may constitute targeted advertising under the ICDPA.

The [ANPD Cookie Guidance](https://goadopt.io/en/blog/anpd-cookies-guidance-personal-data-protection-lgpd/) has documented how major analytics providers can cross-reference data for advertising purposes.

The safest approach: include Google Analytics in the category of cookies that may constitute targeted advertising, offer opt-out, and document this categorization in the Cookies Policy.

## When to update the Cookies Policy

Situations requiring an update:

Adding a new advertising pixel or tracker.

A new analytics tool sending data to third parties for targeting.

A new partner receiving behavioral data from site users.

Change in the use of cookie data for new purposes.

Any modification to opt-out mechanisms.

Continuous [data mapping](https://goadopt.io/en/blog/data-mapping-or-data-inventory/) is what keeps the cookie inventory synchronized with the document.

## The 90-day cure period and the Cookies Policy

The AG must grant **90 guaranteed days** to cure before initiating any action (§ 715D.8(2)). An inadequate Cookies Policy can be corrected within that period if the business has structured processes.

If the violation continues after 90 days, penalties can reach **US$ 7,500 per violation**.

## How AdOpt helps with the Cookies Policy under the ICDPA

AdOpt's automatic scan identifies all active technologies on the site, feeding the list of categories that must appear in the Cookies Policy.

The [cookie notice](https://goadopt.io/en/blog/operation-of-cookie-banner/) configured through AdOpt blocks non-necessary trackers, presents categories with clear descriptions, offers opt-out from data sales and targeted advertising, and logs every interaction for audit purposes.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

[Want to build a Cookies Policy for your site that complies with the ICDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Checklist: what your Cookies Policy needs for the ICDPA

**Visible link** in the footer and in the cookie banner.

**Listing of cookie categories** with a description of what each does.

**Specific purpose for each category** (§ 715D.4(5)(b)).

**Identification of cookies constituting targeted advertising** (§ 715D.1(28)).

**Identification of cookies constituting data sales** (§ 715D.1(25)).

**Categories of third parties** receiving data via cookies (§ 715D.4(5)(e)).

**Opt-out mechanism for data sales**, clear and accessible (§ 715D.3(1)(d) and 715D.4(6)).

**Opt-out mechanism for targeted advertising**, clear and accessible (§ 715D.4(6)).

**Notice and opt-out** for sensitive data collected via cookies (§ 715D.4(2)).

**Accessible language**, without legal jargon.

## FAQ: ICDPA and Cookies Policy

**1. Does the ICDPA require a formal opt-out right from targeted advertising?**
Not as a formally listed right in § 715D.3, but required in practice. § 715D.4(6) requires that if the controller engages in targeted advertising, it must clearly disclose this and describe the opt-out method. This creates a practical obligation equivalent to a right, even though it is technically a transparency obligation rather than a formally listed right. The Cookies Policy must offer this opt-out.

**2. What is the difference between opt-out from "sales" and opt-out from "targeted advertising" under the ICDPA?**
"Sale of data" (§ 715D.1(25)) is the exchange for monetary consideration, and opt-out is a formal consumer right in § 715D.3(1)(d). "Targeted advertising" (§ 715D.1(28)) is the use of behavior data from non-affiliated sites to select ads, and opt-out is a controller transparency obligation in § 715D.4(6), not a formally listed right. In practice, the Cookies Policy must offer opt-out for both activities, but the legal bases are different.

**3. Do analytics cookies like Google Analytics constitute targeted advertising under the ICDPA?**
It depends on the configuration. If Google Analytics only generates internal usage reports, it generally does not constitute targeted advertising. If data is used by Google for advertising on other sites, it may. The ICDPA defines targeted advertising as ads based on data obtained "from the consumer's activities over time and across non-affiliated websites or online applications" (§ 715D.1(28)). The specific GA4 configuration and privacy options activated determine whether targeted advertising is occurring.

**4. Does the ICDPA use the same opt-out model for sensitive data as the UCPA?**
Yes. Both the ICDPA (§ 715D.4(2)) and the UCPA use the opt-out model for sensitive data: clear notice and opt-out opportunity before processing, without requiring prior consent. This model differs from the opt-in required by the CPRA, OCPA, VCDPA, and CTDPA. For precise geolocation data collected via cookies, the Cookies Policy must inform and offer opt-out before activating those trackers.

**5. What happens with opt-out from targeted advertising after the consumer exercises it?**
The ICDPA does not specify a separate cessation deadline after opt-out from targeted advertising, beyond the general 90-day response deadline for requests (§ 715D.3(2)(a)). In practice, a well-configured [consent management platform](https://goadopt.io/en/blog/how-to-choose-cmp-consent-management-platform/) processes the opt-out from targeted advertising immediately, deactivating corresponding trackers at the moment the consumer exercises the option, without waiting 90 days.

[Ready to build a Cookies Policy for your site that complies with the ICDPA? Talk to our team.](https://meetings.hubspot.com/vrumor/adopt-meeting-valquiria)

## Continue learning about Iowa ICDPA compliance

Iowa ICDPA compliance rests on documents that need to agree with each other: the [privacy policy](https://goadopt.io/en/blog/iowa-icdpa-privacy-policy/), which explains what you do with the data; the [privacy portal](https://goadopt.io/en/blog/iowa-icdpa-dsar-privacy-portal/), which is where the consumer exercises their rights and you keep the record of it.


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