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§ 999.307. Notice of Financial Incentive.

11 CA ADC § 999.307BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 11. Law
Division 1. Attorney General
Chapter 20. California Consumer Privacy Act Regulations
Article 2. Notices to Consumers
11 CCR § 999.307
§ 999.307. Notice of Financial Incentive.
(a) Purpose and General Principles
(1) The purpose of the notice of financial incentive is to explain to the consumer the material terms of a financial incentive or price or service difference the business is offering so that the consumer may make an informed decision about whether to participate. A business that does not offer a financial incentive or price or service difference is not required to provide a notice of financial incentive.
(2) The notice of financial incentive shall be designed and presented in a way that is easy to read and understandable to consumers. The notice shall:
a. Use plain, straightforward language and avoid technical or legal jargon.
b. Use a format that draws the consumer's attention to the notice and makes the notice readable, including on smaller screens, if applicable.
c. Be available in the languages in which the business in its ordinary course provides contracts, disclaimers, sale announcements, and other information to consumers in California.
d. Be reasonably accessible to consumers with disabilities. For notices provided online, the business shall follow generally recognized industry standards, such as the Web Content Accessibility Guidelines, version 2.1 of June 5, 2018, from the World Wide Web Consortium, incorporated herein by reference. In other contexts, the business shall provide information on how a consumer with a disability may access the notice in an alternative format.
e. Be readily available where consumers will encounter it before opting-in to the financial incentive or price or service difference.
(3) If the business offers the financial incentive or price or service difference online, the notice may be given by providing a link to the section of a business's privacy policy that contains the information required in subsection (b).
(b) A business shall include the following in its notice of financial incentive:
(1) A succinct summary of the financial incentive or price or service difference offered;
(2) A description of the material terms of the financial incentive or price or service difference, including the categories of personal information that are implicated by the financial incentive or price or service difference and the value of the consumer's data;
(3) How the consumer can opt-in to the financial incentive or price or service difference;
(4) A statement of the consumer's right to withdraw from the financial incentive at any time and how the consumer may exercise that right; and
(5) An explanation of how the financial incentive or price or service difference is reasonably related to the value of the consumer's data, including:
a. A good-faith estimate of the value of the consumer's data that forms the basis for offering the financial incentive or price or service difference; and
b. A description of the method the business used to calculate the value of the consumer's data.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.125 and 1798.130, Civil Code.
HISTORY
1. New section filed 8-14-2020; operative 8-14-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 33).
This database is current through 9/10/21 Register 2021, No. 37.
11 CCR § 999.307, 11 CA ADC § 999.307
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