On May 29, 2019, Nevada became the first state to pass legislation emulating portions of the CCPA when it adopted Senate Bill No. 220.
While Senate Bill No. 220 incorporates the CCPA’s concept of permitting consumers to object to the sale by a company of their information, it avoids many of the drafting errors, ambiguities, and business impracticalities of the CCPA, including its treatment of online behavioral advertising.
Unlike the CCPA, Nevada defines the term “sale” as including only “the exchange of covered information for monetary consideration by the operator [of a website] to a person for the person to license or sell the covered information to additional persons.”5 Nevada’s narrower definition precludes the term from applying to the use of third party behavioral advertising networks as (1) behavioral advertising networks typically do not provide advertisers or publishers with “monetary consideration” for the deployment of their cookies, and (2) while the behavioral advertising networks may use the information that they obtain from their cookies for the benefit of themselves and their other clients, they typically do not “license or sell” that information.