November 03, 2025

Web Browsers Must Allow Users to Opt Out

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Web Browsers Must Allow Users to Opt Out

New laws are in place for businesses that operate websites in California. Starting January 1, 2027, web browsers must include functionality that enables the browser to send an opt-out preference signal to website operators (an opt-out preference signal is defined as a signal that communicates the consumer’s choice to opt out of the sale and sharing of the consumer’s personal information).

On October 8, 2025, Governor Gavin Newsom signed the California Opt Me Out Act (AB 566) into law. Under the new law (effective January 1, 2027), businesses that develop or maintain a web browser must include the functionality for consumers to configure the browser to automatically send an opt-out preference signal to website operators. The new law specifies the functionality must be easy for a reasonable person to locate and configure. California is the first state to adopt this type of law, as part of its efforts to increase the control consumers have over their personal data.

Website operators should ensure that their websites are set up to accommodate opt-out preference signals, including the automatic signals that may be sent out by browsers in the near future.

Furthermore, the new law allows the California Privacy Protection Agency to adopt regulations related to these requirements. Now is a good time for website operators to review their policies and practices to get in compliance and avoid future legal pitfalls.

CDF will continue to update you on developments in the privacy area. Feel free to contact any member of CDF’s Privacy Practice for a consultation.

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