Opt-Out Right

Definition

The opt-out right is the legal entitlement of individuals to refuse or stop certain processing activities involving their personal data. Unlike consent-based models where you give permission upfront, opt-out rights allow you to be included initially but give you control to exit at any time. Different privacy laws provide various opt-out rights: under the CCPA and CPRA, consumers can opt-out of the sale and sharing of their personal information, as well as certain automated decision-making. The GDPR provides a right to object to processing based on legitimate interests and direct marketing. These rights must be honored without discrimination—companies cannot penalize users for exercising opt-out rights by denying service, charging different prices, or providing inferior quality (though some exceptions exist for financial incentives). The opt-out mechanism must be prominent, accessible, and simple to use. California law requires businesses to include a "Do Not Sell or Share My Personal Information" link on their homepage. Businesses must respond to opt-out requests within specified timeframes, typically 15 business days, and should not require account creation to process opt-out requests.

Applicable Laws & Regulations

  1. 1CCPA § 1798.120
  2. 2CPRA § 1798.121, § 1798.122
  3. 3GDPR Article 21
  4. 4CAN-SPAM Act 15 USC § 7704

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