CCPA vs. CPRA: Key Differences for Cookie Compliance

Q: What are the main differences between the CCPA and CPRA when it comes to cookie compliance?

The CCPA centers on allowing consumers to opt out of cookie-based data collection. On the other hand, the CPRA takes things a step further by demanding explicit opt-in consent for specific types of data, including cookies. Under the CPRA, businesses must also offer clear and detailed explanations about the cookies they use. This ensures consumers can make informed decisions about whether to accept or reject them. Compared to the CCPA's opt-out model, the CPRA adopts a more active stance on privacy protections.

Q: What are the key differences between the CPRA and CCPA regarding cookie use for behavioral advertising?

How the CPRA Changes Cookie Rules The CPRA steps up the game when it comes to regulating cookies, especially those used for behavioral advertising . While the CCPA already allowed consumers to opt out of having their personal information sold, the CPRA takes it a step further by explicitly covering cross-context behavioral advertising . This means businesses now have to provide users with clearer ways to opt out of sharing data that's used for targeted ads. On top of that, the CPRA brings stricter enforcement and expands consumer rights, which raises the bar for compliance. For businesses, this means revisiting and updating their cookie policies to meet the CPRA's more detailed and demanding standards.

The Reform Team

California privacy laws regulate how businesses use cookies to collect and share personal data. The CCPA, effective since 2020, introduced consumer rights like opting out of data sales. The CPRA, enforced from July 2023, expands these rules by covering data sharing, adding protections for sensitive personal information, and mandating compliance with Global Privacy Control (GPC) signals.

Key Updates Under CPRA:

Expanded Rights: Includes sharing data for behavioral advertising, not just sales.
Sensitive Data Protections: Requires a “Limit the Use of My Sensitive Personal Information” link for data like geolocation or biometrics.
Stricter Enforcement: Removes the 30-day cure period for violations and establishes the California Privacy Protection Agency (CPPA) for direct oversight.
Enhanced Opt-Out Options: Businesses must honor browser-based opt-out signals and provide clear, accessible controls for cookie preferences.

Why It Matters: Non-compliance can lead to fines up to $7,500 per intentional violation. Businesses must audit cookie practices, update privacy notices, and implement robust consent mechanisms to meet these stricter requirements.

What you should know about CCPA and CPRA

The California Consumer Privacy Act (CCPA) sets clear rules for businesses on how to handle cookies and tracking technologies, focusing on transparency and consumer rights. These guidelines include detailed disclosure requirements and mechanisms for users to opt out of data collection and sharing. Let’s dive into the specifics of these mandates and how they’ve laid the groundwork for updates under the California Privacy Rights Act (CPRA).

The CCPA requires businesses to provide a notice at collection that clearly outlines the types of cookies used, their purposes, and the personal data they gather. Since cookies are classified as personal information, companies must be upfront about their data collection practices. Privacy notices should be easy to find and include all necessary details about how data is processed, used, and the rights available to users.

Another key aspect is informing users about their rights - most notably, the right to opt out of the sale or sharing of data collected through cookies.

If a business sells or shares personal information obtained through cookies, the CCPA mandates the inclusion of a "Do Not Sell or Share My Personal Information" link. This link must be prominently displayed, typically on the homepage and any pages where data is collected. Furthermore, businesses must offer at least two opt-out methods that don’t require users to create an account. Examples include phone numbers, online forms, or email options.

The law also recognizes Global Privacy Control (GPC) signals as valid opt-out requests. When a consumer submits an opt-out request, businesses are prohibited from selling or sharing their personal information unless the consumer explicitly opts back in. Even then, companies must wait at least 12 months before asking users to reconsider their decision.

Failing to implement these mechanisms correctly can lead to serious consequences. For example, in May 2025, the California Privacy Protection Agency (CPPA) fined Todd Snyder, Inc. $345,178 after a misconfigured consent management platform prevented users from submitting opt-out requests for 40 days in late 2023. The issue stemmed from a non-functional "Cookie Preference Center" link.

Enforcement and Penalties

The CCPA enforces strict penalties for non-compliance. Unintentional violations can result in fines of up to $2,663 per incident, while intentional violations can reach $7,988 per incident. For businesses with large customer bases, these fines can escalate quickly. For instance, a company with 50,000 customers could face fines exceeding $125 million.

Additionally, the law empowers consumers to sue businesses in the event of data breaches caused by inadequate security measures. In March 2025, the CPPA settled with Honda for $632,500 after the company failed to provide equal options for consumers opting out of certain cookies and tracking technologies.

Businesses are also required to keep records of opt-out requests for at least 24 months and must ensure they do not discriminate against consumers who exercise their privacy rights.

These requirements underscore the importance of robust compliance measures and the potential financial risks of falling short.

The California Privacy Rights Act (CPRA) has introduced stricter rules around cookie compliance compared to its predecessor, the CCPA. These updates bring new consumer rights, expand consent obligations, and establish a dedicated enforcement agency. For businesses, understanding these changes is essential to avoid penalties and maintain consumer confidence.

New Consumer Rights for Cookies

The CPRA grants consumers additional rights that directly affect the way businesses handle cookies and tracking technologies. One of the most notable changes is the introduction of the right to limit the use of sensitive personal information. This category includes data such as Social Security numbers, driver’s license details, financial account information, precise geolocation, racial or ethnic origin, religious beliefs, and biometric data.

If cookies collect any of this sensitive information, businesses are required to provide a clear link labeled "Limit the use of my sensitive personal information". Additionally, the CPRA expands opt-out rights to cover the sharing of data for advertising purposes. Unlike the CCPA, which focused on the sale of data for monetary gain, the CPRA recognizes that sharing data for cross-context behavioral advertising can be just as concerning, even when no money is exchanged.

The law also increases protections for minors, imposing fines of up to $7,500 per violation and requiring stricter opt-in consent for users under the age of 16.

The CPRA builds on these new rights by revising cookie consent and opt-out practices, ensuring users have greater control over their data. Businesses are now required to include an opt-out link labeled "Do not sell or share my personal information". This reflects the CPRA’s broader definition of problematic data practices, which now includes the sharing of personal data for behavioral advertising, regardless of whether money changes hands.

The law also mandates that businesses honor global opt-out signals, such as browser-based privacy preferences or Global Privacy Control (GPC) signals. Consent requirements are more rigorous, aligning closely with GDPR principles. Under the CPRA, consent must be clear, informed, and unambiguous. While the law does not require opt-in consent for cookies, it does demand easily accessible opt-out options for the collection and sharing of personal data through third-party cookies and trackers. Businesses must also offer granular controls, enabling users to manage their cookie preferences with greater precision.

Next, we’ll explore the role of the California Privacy Protection Agency in enforcing these updated measures.

California Privacy Protection Agency Role

California Privacy Protection Agency

To ensure these changes are enforced effectively, the CPRA created the California Privacy Protection Agency (CPPA), a dedicated body with significant authority. Unlike the previous system, where enforcement responsibilities were divided among various agencies, the CPPA now has centralized power to administer and enforce both the CCPA and CPRA.

The CPPA’s enforcement toolkit is extensive. It can investigate complaints, issue fines, conduct audits, and provide guidance to businesses. Penalties include fines of up to $7,500 for intentional violations and $2,500 for unintentional ones. Enforcement officially began on July 1, 2023, and applies only to violations occurring after that date.

"Enforcement is uncompromising." – Michael Macko, Deputy Director of Enforcement, CPPA.

The CPPA prioritizes areas like privacy notices, data deletion rights, and the implementation of consumer requests. Businesses are also required to conduct ongoing privacy risk assessments for handling sensitive data, including information collected through cookies. This means compliance isn’t a one-time task - it requires continuous monitoring, addressing privacy concerns, and maintaining transparent data practices. For businesses, staying proactive is no longer optional.

California businesses need to understand the key differences between the CCPA and CPRA when it comes to cookie compliance. While both laws focus on regulating how companies handle personal data via cookies, the CPRA introduces several updates that significantly change compliance requirements.

CCPA vs. CPRA Comparison Table

Here's a breakdown of the main differences between the CCPA and CPRA regarding cookie compliance:

Requirement	CCPA	CPRA
Opt-out Rights	Consumers can opt out of the sale of personal information	Consumers can opt out of both selling and sharing personal information for cross-context behavioral advertising
Required Links	"Do Not Sell My Personal Information"	"Do not sell or share my personal information" and "Limit the Use of My Sensitive Personal Information"
Sensitive Data Category	No specific category for sensitive personal information	Introduces a category for sensitive personal information (SPI) requiring additional safeguards
Browser Signals	No requirement to honor browser opt-out signals	Must honor global opt-out signals such as Global Privacy Control (GPC)
Consent Requirements	Basic opt-out mechanism for data sales	Clear opt-out options for collecting and sharing data through third-party cookies and trackers
Penalty Structure	Up to $7,500 per violation	Up to $7,500 for intentional violations and $2,500 for unintentional violations
Cure Period	30-day cure period for violations	Removes automatic 30-day cure period, leaving it to the regulator's discretion
Minor Protections	Basic protections for minors	Enhanced protections, including fines of up to $7,500 per violation for children under 16

These updates reflect how the CPRA expands on the CCPA, especially in areas like sensitive data protections and global opt-out signals.

The CPRA's changes bring new responsibilities for various types of cookies. Advertising cookies are particularly affected. Under the CCPA, businesses were only required to provide opt-out options for selling personal data in exchange for monetary gain. Now, the CPRA extends this to include sharing data for cross-context behavioral advertising. This means third-party advertising cookies must allow users to opt out clearly and easily.

Analytics cookies that gather sensitive personal information also face new rules under the CPRA. If your analytics tools collect data such as precise geolocation, biometric details, or other sensitive information, you'll need to provide users with the "Limit the Use of My Sensitive Personal Information" option.

Third-party cookies used for behavioral advertising require more precise controls under the CPRA. Businesses must implement granular cookie controls, ensuring users have detailed choices about their data. Additionally, the CPRA prohibits businesses from requesting users to opt back in for at least 12 months after they’ve opted out.

Lastly, the CPRA raises thresholds for compliance, exempting some smaller businesses from its stricter requirements.

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Meeting CPRA cookie requirements means going beyond the steps outlined in the CCPA. With enforcement actions from the California Privacy Protection Agency (CPPA) on the rise, it's crucial to ensure your privacy practices are airtight. Start by thoroughly examining your current cookie practices to identify any gaps in compliance.

The first step is conducting a detailed cookie audit. This process involves identifying all cookies used on your site - whether they're first-party cookies that you control or third-party cookies from advertising networks, analytics platforms, and social media plugins. Once identified, categorize these cookies into groups such as necessary, functional, analytics, and advertising. For each cookie, document its purpose, why it’s needed, and how long it will be retained. This documentation is essential for responding to regulator inquiries or consumer requests.

Next, update your cookie policy to align with the CPRA's expanded requirements. The CPRA emphasizes the need for granular controls, allowing users to manage their cookie preferences in detail. This includes providing clear options for opting out of personalized ads and tracking activities at any time. Additionally, your policy should address both the selling and sharing of personal information, reflecting the broader scope of the CPRA.

After completing your cookie inventory, the next step is to adopt effective consent management solutions. The CPRA extends opt-out rights to include data sharing for behavioral advertising. To comply, your cookie consent notices must feature clear opt-out links for data sales, data sharing, and the use of sensitive information.

Using a Consent Management Platform (CMP) can simplify this process. These platforms help automate consent collection and streamline the management of user preferences, ensuring that you stay compliant without added complexity. With enforcement efforts ramping up, having functional and transparent consent mechanisms is more critical than ever, as businesses face significant penalties for non-compliance.

Using Reform for Compliant Forms and Notices

Reform

When implementing CPRA compliance, the forms and notices you use to collect consent and manage preferences are key. Reform’s no-code form builder is a practical tool for creating compliant data collection forms. It’s designed to meet CPRA transparency requirements while delivering a professional and user-friendly experience.

Reform offers features like conditional routing, multi-step forms, and real-time analytics, which make it easier to present clear consent options, simplify complex privacy choices, and monitor user interactions for compliance purposes. Additional tools like spam prevention, email validation, and integration with CRM systems ensure that privacy requests are handled accurately and promptly. Custom CSS and coding options also allow you to design branded, accessible forms that meet CPRA standards.

Failure to comply with CPRA requirements can result in fines of up to $7,500 per intentional violation. By investing in the right compliance tools and processes, you not only avoid penalties but also build trust with your customers.

The CPRA expands on the CCPA by introducing stricter rules and broader protections when it comes to cookies and data privacy. While the CCPA set the stage for consumer privacy rights, the CPRA takes it further, tightening regulations on how businesses collect, use, and share data through cookies.

One major change is the improved control consumers now have over their cookie data. Under the CCPA, businesses were only required to provide an opt-out option for data sales. The CPRA, however, mandates clear opt-out options for both the selling and sharing of personal data collected via third-party cookies and trackers.

The CPRA also enforces tougher penalties. Oversight is now managed by the California Privacy Protection Agency (CPPA), which has been given expanded authority. Additionally, the 30-day cure period previously allowed under the CCPA has been removed. Companies failing to comply could face fines of up to $7,500 per intentional violation per consumer, making non-compliance a costly risk.

Data shows the challenges businesses face in adapting to these regulations. Only 11% of companies were fully compliant with CCPA guidelines, and privacy-related requests have surged by 246%. These figures highlight the increased scrutiny around data privacy and the urgency for businesses to adapt.

To meet CPRA requirements, businesses should conduct thorough cookie audits, implement effective consent management systems, and integrate tools like Global Privacy Control (GPC) to handle automated opt-out requests. Cookie policies must also emphasize data minimization, set clear retention periods, and provide detailed controls for various cookie types.

Transparent data practices not only ensure compliance but also help build trust with customers, offering a competitive edge in a privacy-conscious market.

Staying compliant with the CPRA demands ongoing effort. Businesses need to regularly update their policies, train employees, and improve systems to keep up with evolving regulations and growing consumer expectations. This level of vigilance is crucial to protecting consumer privacy and maintaining compliance over time.

FAQs

The CCPA centers on allowing consumers to opt out of cookie-based data collection. On the other hand, the CPRA takes things a step further by demanding explicit opt-in consent for specific types of data, including cookies.

Under the CPRA, businesses must also offer clear and detailed explanations about the cookies they use. This ensures consumers can make informed decisions about whether to accept or reject them. Compared to the CCPA's opt-out model, the CPRA adopts a more active stance on privacy protections.

The CPRA steps up the game when it comes to regulating cookies, especially those used for behavioral advertising. While the CCPA already allowed consumers to opt out of having their personal information sold, the CPRA takes it a step further by explicitly covering cross-context behavioral advertising. This means businesses now have to provide users with clearer ways to opt out of sharing data that's used for targeted ads.

On top of that, the CPRA brings stricter enforcement and expands consumer rights, which raises the bar for compliance. For businesses, this means revisiting and updating their cookie policies to meet the CPRA's more detailed and demanding standards.

To align with the CPRA's updated cookie rules, businesses must now obtain explicit consent before using cookies to process sensitive personal data. Simply relying on implied consent no longer meets the standard. This often means implementing a clear, easy-to-understand cookie banner that informs users about data collection and seeks their active agreement.

Beyond cookie banners, businesses are also required to offer consumers a straightforward way to opt out of data sharing or sales. Meeting CPRA requirements involves more than just banners - regularly reviewing and updating privacy policies and consent procedures is key to staying compliant with these evolving regulations.