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Suppose that a developer is using https://termly.io to generate some legal documents for a website. It says the developer needs to provide a specific link that says "Do not sell my info". But the site (and its owners) will not sell anybody's info. The site just uses google analytics to collect which pages people are going to so the developer can improve the site. The developer does not have or plan to have a database to store any data in, either. Does the developer still need this link?

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  • Thanks for the edit, @David Siegel Aug 27, 2021 at 22:08

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No

CA code Section 1798.120 (part of the CCPA) provides that:

(a) A consumer shall have the right, at any time, to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. This right may be referred to as the right to opt out.

(b) A business that sells consumers’ personal information to third parties shall provide notice to consumers, pursuant to subdivision (a) of Section 1798.135, that this information may be sold and that consumers have the right to opt out of the sale of their personal information.

Note that both of these provision apply only to "a business that sells personal information about the consumer". If the buisness does not sell such information, these provisions simply do not apply.

More over the official FAQ item reads:

Does a business need to post a “do not sell” link if it does not sell personal information?

No.

The CCPA requires businesses that sell personal information to, among other things, explain that consumers have a “right to opt-out” of the sale, and provide a clear and conspicuous link on their homepage titled “Do Not Sell My Personal Information,” which takes the consumer to a mechanism that permits the exercise of the opt-out right. If a business does not sell personal information, and if the business affirmatively states that it does not sell personal information in its privacy notice, it is not required to provide a notice of [the] right to opt-out” or post the “Do Not Sell” link.

However, it may be that the tool linked in the question requires that such link be constructed even though the law does not. I do not know this tool. Tools soemtiems demand more than the law does, or fail to take account of less usual cases.

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