GPC: Conflict with Financial Incentive Programs

What it requires

When an opt-out preference signal conflicts with a consumer's participation in a financial incentive program that requires consent to sale or sharing, the business may notify the consumer that processing the signal would withdraw them from the program and ask them to affirm intent to withdraw. If the consumer affirms, the business must process the opt-out; if the consumer does not affirm, the business may ignore the signal for that program as long as the consumer is known to it. The Register 2025, No. 39 amendments (operative January 1, 2026) added a closing sentence covering both outcomes: in either situation the business must display the status of the consumer's choice in accordance with § 7025(c)(6) and § 7026(g). The display duty attaches whether the business honored the signal or set it aside.

Regulation text

If the opt-out preference signal conflicts with the consumer's participation in a business's financial incentive program that requires the consumer to consent to the sale or sharing of personal information, the business may notify the consumer that processing the opt-out preference signal as a valid request to opt-out of sale/sharing would withdraw the consumer from the financial incentive program and ask the consumer to affirm that they intend to withdraw from the financial incentive program. [...] In either situation, the business must display the status of the consumer's choice in accordance with section 7025, subsection (c)(6), and section 7026, subsection (g).

California Consumer Privacy Act / California Privacy Rights Act, § 7025(c)(4)Read the full section from California Privacy Protection Agency (CalPrivacy)

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