Accessibility—The hidden A in the CCPA

In the scramble to come into compliance before the January 1, 2020, deadline, companies may have overlooked a key—and potentially costly—requirement in the California Consumer Privacy Act (CCPA). Under the draft regulations to the CCPA, businesses are required to ensure that their internal and external notice and privacy policies are reasonably accessible to individuals with disabilities.

If they are not, stiff fines could follow, in addition to costly litigation under other California laws and the Americans with Disabilities Act (ADA).

  • The CCPA imposes penalties of up to $7,500 per violation, including accessibility violations.
  • While the CCPA’s private right of action is confined to data breaches, the statutory requirement for accessibility could result in private suits under California’s Unruh Civil Rights Act, which allows for the potential recovery of $4,000 per access violation, treble damages, and lawyer’s fees.
  • The draft California Attorney General CCPA Regulations specifically call out the Web Content Accessibility Guidelines (WCAG), version 2.1, as among the “generally recognized industry standards” that businesses could follow for their online notices.

Learn more.

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