1798.125(b) Offer financial incentives only with notice and opt-in consent
A business may offer payments, discounts or price or service differences tied to collecting, selling, sharing or keeping data, but only with a Notice of Financial Incentive (11 CCR 7016) that summarises the offer, its material terms, the data affected, how to opt in and withdraw, and how the value of the data was estimated; with prior opt-in consent that can be withdrawn at any time; and without terms that are unfair, unreasonable, coercive or usurious. After a refusal the business waits 12 months before asking again.
Source: CCPA/CPRA, 1798.125(b). The statement above is our statement of the clause, read from the published text and cited so you can check it against the official text, not the instrument verbatim. Open CCPA/CPRA in the compliance library.
Applies only to a business that meets one of the thresholds in Cal. Civ. Code 1798.140(d).
These are the artefacts auditors commonly ask for on this requirement, our guidance rather than text from the standard. Your assessor decides what is sufficient in your context, and asks for samples across the period when a report covers one.
system holds itEvidence a system already holds
none for this control
periodic reviewEvidence produced at each review
- Opt-in and withdrawal records for programme members · Document repository
governing documentDocuments that govern the control
- Notice of Financial Incentive for each loyalty or discount programme · Policy repository / GRC workspace
- Valuation method linking the incentive to the estimated value of the data · Document repository
First move
Common gaps auditors find
- Loyalty programme with no notice or valuation
- Enrolment by default at checkout
Do this for your whole sheet
Paste the rows you run your controls from and get this mapping for every control at once, with the periodic-review ones flagged and a first move per row. No account for the first run.
Build my evidence sheet1798.125(a) Do not discriminate or retaliate against consumers who use their rights · 1798.130(a)(1) Offer designated methods for requests to know, delete and correct