Does California CCPA ADMT Regulations require Explainability?
California • phased enforcement
Yes — 1 provision
Requirements at a glance
This regulation imposes 5 specific requirements for Explainability across 1 provision:
- Pre-use notice — Conspicuous notice before ADMT use describing purpose, how it works, outputs, and available consumer rights (§ 7220)
- Opt-out right — Consumers may opt out of ADMT used to make significant decisions, subject to the exceptions in § 7221(b). A business that interacts with consumers online and provides an opt-out must include an opt-out link in the Pre-use Notice (§ 7221(a)-(c))
- Access right — Consumers may request information about the business's use of ADMT with respect to them (§ 7222)
- Human appeal exception — A business may use the § 7221(b)(1) exception to the opt-out duty if it provides a qualifying method to appeal the significant decision to a human reviewer with authority to overturn it; the Pre-use Notice must then explain how to appeal (§§ 7220(c)(2)(A), 7221(b)(1))
- No retaliation — Business may not retaliate against consumer for exercising ADMT rights
Consumer Transparency for ADMT
Requirements
| Requirement | Details |
|---|---|
| Pre-use notice | Conspicuous notice before ADMT use describing purpose, how it works, outputs, and available consumer rights (§ 7220) |
| Opt-out right | Consumers may opt out of ADMT used to make significant decisions, subject to the exceptions in § 7221(b). A business that interacts with consumers online and provides an opt-out must include an opt-out link in the Pre-use Notice (§ 7221(a)-(c)) |
| Access right | Consumers may request information about the business's use of ADMT with respect to them (§ 7222) |
| Human appeal exception | A business may use the § 7221(b)(1) exception to the opt-out duty if it provides a qualifying method to appeal the significant decision to a human reviewer with authority to overturn it; the Pre-use Notice must then explain how to appeal (§§ 7220(c)(2)(A), 7221(b)(1)) |
| No retaliation | Business may not retaliate against consumer for exercising ADMT rights |
Penalties
| Violation | Fine |
|---|---|
| Per violation | Up to $2,663 per violation; $7,988 for intentional violations or violations involving personal information known to concern consumers under 16 (CPI adjustment effective January 1, 2025) |