Check Your California Privacy Configuration
|
|
Hi There,
We've seen growing confusion around recent CIPA (California Invasion of Privacy Act) demand letters related to website tracking technologies, so we wanted to clarify what these letters mean and what website owners should do next.
First, receiving one of these letters does not automatically mean your website is non-compliant. These claims are based on a legal theory that argues California's wiretapping law can apply to common website technologies such as analytics scripts, advertising pixels, chat widgets, and session replay tools. This legal theory is still being tested in court, and judges have not all reached the same conclusion.
It's also important to understand that these letters are part of private litigation, not government enforcement. While they should never be ignored, they should also not be treated as proof that a website has violated California law.
What you should do if you receive a demand letter:
- Preserve the demand letter and any related communications.
- Review your website's current configuration.
- Confirm whether the named tracker was actually present.
- Determine whether it loaded before visitor consent was collected.
- Correct any configuration issues you identify.
- Consult qualified legal counsel to determine the appropriate response.
|
How Termly Can Help
As privacy requirements continue to evolve, we're continuously improving Termly's Consent Management Platform (CMP) to help businesses manage consent with greater confidence.
For websites that need stricter consent rules in regions such as California, the European Union (GDPR), Brazil, and other regulated jurisdictions, Termly's paid plans unlock advanced regional consent settings, allowing you to configure compliance behavior based on where your visitors are located.
These advanced settings help you to strengthen compliance and proactively reduce the risk of CIPA-related complaints:
|
We look forward to keeping you informed of any changes in privacy and compliance updates that may affect your business. If you have any questions, please contact us at any time.
Thank you for your continued support.
The Termly Team
|
If you have questions, concerns, or believe you have received this message in error. Please reach out to our customer service team at [email protected]
|
|
|
|
|
