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On July 18, 2023, the Oregon State Governor signed the Oregon Consumer Privacy Act (OCDPA) into law. The OCPA will enter into force on July 1, 2024. Thus, making Oregon the 12th state in the US to have such a comprehensive data privacy law.
The OCDPA contains all the necessary provisions that have become a staple of data privacy regulations. However, it does differ in some areas. For example, it applies to all entities that “provide” products or services to Oregon residents rather than just “target” them. Similarly, it applies to all non-profit organizations that satisfy its applicability criteria.
However, certain entities, as well as information are exempt from being subject to the OCDPA.
Securiti empowers organizations to ensure compliance with each provision of Oregon’s Consumer Data Privacy Act with its plethora of products, which include, but are not limited to, AI-driven data discovery, DSR automation, universal consent management, autonomous documented accountability, data breach management, and vendor risk assessment.
Each of the solutions mentioned above is backed up by state-of-the-art artificial intelligence and machine-learning-based algorithms, making Securiti a market leader in providing data compliance and governance solutions.
Request a demo today to learn how Securiti can help you and your organization comply with Oregon’s CDPA.
OCDPA Provisions
Automate regular internal assessments of various internal data-related activities and mechanisms to evaluate their effectiveness and make appropriate and proactive adjustments via Securiti’s collaborative, multi-regulation, readiness assessment system in line with OCDPA requirements.
OCDPA Provisions
Automate compliance with OCDPA using Securiti common controls and tests.
Section(s): 5(4)
Automate the generation and regular updates to privacy policies that adequately inform the consumers about your organization's data processing practices while being compliant with all applicable provisions of the OCDPA with pre-built templates.
Section(s): 5(1)(d), 5(2)(a), 5(2)(b), 5(2)(c)
Monitor users' consent status via a central dashboard to ensure compliance with the DPA's consent-related provisions across all major data processing activities. Proactively monitor and track consent statuses to prevent any processing or potential transfer, sharing, or selling of data to third parties not consented to by the users.
Section(s): 3(1)(d), 5(2)(a), 5(2)(b), 5(2)(c)
Automate your organization's entire cookie consent management to ensure all cookies used across the data infrastructure comply with the legal requirements. Additionally, scan your website to classify cookies, deploy customized consent collection points, and link consent to individual users.
Section(s): 1(3), 1(13), 1(18)
Leverage dedicated data mapping, classification, and cataloging modules to ensure you gain real-time insights related to your organization’s entire personal and sensitive data infrastructure via visualization of data sprawl.
Section(s): 5(1)(a), 5(1)(b), 7
Trace, classify & label data within your organization's data infrastructure to ensure appropriate security controls are enabled on the most sensitive data in your organization. Leverage the same module to identify sensitive files such as consent forms and financial statements and record them under appropriate categories.
Section(s): 3, 4, 5(5), 5(6)
Automate the entire process related to fulfilling consumer data rights-related requests with customized web forms and DSR request verification to gain real-time updates on the status of each request via a central dashboard.
Section(s): 8
Automate data protection assessments (DPAs) by leveraging pre-built compliance templates, reviewing responses, tracking each assessment’s individual progress in real-time, and sharing assessments’ insights and results with third parties.
Section(s): 6
Track all the organization's third-party vendors' relevant data processing activities in real-time to ensure their data processing practices related to shared data comply with the relevant regulatory requirements.
Section(s): 5(1)(c)
Gain comprehensive visibility into potential misconfigurations in data assets across public clouds, data clouds, SaaS, and on-premises environments, in addition to contextual data insights, including people ownership, regulatory obligations, and security and privacy metadata.
Section(s): Oregon Revised Statute Section 646A.604
Track, manage, and mitigate potential data security incidents while automating data breach response notifications to all affected stakeholders as soon as legally obliged by leveraging a knowledge database on security incident diagnosis and response per global regulatory requirements.
Here are some of the rights all consumers are entitled to per the OCDPA:
All consumers have the right to confirm whether the controller is processing or has processed the personal data of consumers. know and receive access to any information that has been processed or collected by a controller. Additionally, The consumers have a right to know which categories of personal data have been processed and to know any third parties that may have had access to this data.
All consumers have the right to request correction to any personal data collected that has become inaccurate since it was collected.
All consumers have the right to request the deletion of any personal data collected on them and any data gathered on them via third-party sources.
All consumers have the right to opt out of the processing of personal data that may be for the following purposes:
All consumers have the right to obtain a copy of all personal data collected on them by a collector in a portable, easily accessible format that allows for a seamless transmission of the personal data to another controller.
Here are some key facts to know about OCDPA:
Parents and guardians may exercise the rights on behalf of their children under the age of 13. Additionally, sensitive data of a child must be processed per the provisions of the Children's Online Privacy Protection Act (COPPA). For children ages 13 to 15, opt-in consent is required to process personal data for targeted advertising or sale.
The OCDPA applies to any entity that conducts business in Oregon or provides a product/service to Oregon residents and processes the personal data of at least 100,000 consumers or derives 25% or more of its annual gross revenue from selling the personal data of at least 25,000 consumers.
Under the OCDPA, a controller has 45 days to respond to a consumer’s request to exercise their rights, followed by a possible extension of 45 days more when reasonably necessary, owing to the complexity or volume of requests received.
The OCDPA does not allow for a private right of action.
The Oregon Attorney General’s Office is responsible for enforcing the OCDPA;
The Attorney General will provide a controller with a 30-day notice period in case of a possible violation. If the violation persists following this period, the AG may levy a fine of $7,500 in civil penalties per violation.
The law will take effect on July 1, 2024, with delays in enforcement and other applicable obligations for some entities until July 1, 2025.
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