Would conspicuous by any other name … link as effectively?
Multiple comments to the final California Consumer Privacy Act regulations ask the California Attorney General to explain what “conspicuous link” means for the purpose of the notice at collection, privacy policy and notice of opt-out under CCPA.
The California Attorney General responds:
In one response: “the meaning of ‘conspicuous’ is reasonably clear based on the meaning of the word.”
In another response:
- To meet the July 1 deadline, the AG has prioritized the drafting of regulations that operationalize and assist immediate implementation of the law.
- Conspicuous is defined in California law (Bus & Prof. Code 22577).
Other places with detailed discussion of conspicuous include:
- Detailed Federal Trade Commission publication on conspicuous links.
- Caselaw such as: Long v. Provide Commerce, Inc., Specht v. Netscape and Nguyen v. Barnes & Noble.
