USA - Ohio
Key Stakeholders
a business subject to OPPA.[3] With respect to determining whether a person acts as a “business” or a “processor,” OPPA would set forth that this it a fact-based determination dependent on the context in which the personal data is processed.[3] Consumers Under OPPA, consumers would mean a “natural personal who is a resident” of Ohio “acting only in an individual or household context.” Consumers would not include people acting in a “business capacity” or employment context, such as contractors, job applicants, directors, officers or owners.[5]
OPPA specifies key stakeholders whose rights and/or obligations are impacted by the respective legislation. OPPA mirrors comprehensive data privacy legislation at the national level in setting forth specific definitions of “business,” “processors,” and “consumers.” The category that a person or entities falls into would ordinarily depend on their relationship and connection to personal data. Business Under OPPA "Business" would be mean “any limited liability company, limited liability partnership, corporation, sole proprietorship, association, or other group, however organized and regardless of whether operating for profit or not for profit, including a financial institution organized, chartered, or holding a license authorizing operation under the laws of this state, any other state, the United States, or any other country, that, alone or jointly with others, determines the purpose and means of processing personal data.”[1] Businesses would not include Ohio public entities, political subdivisions or processors to the extent that the processor is acting in the role of a processor.[2] Processors Under OPPA, “Processors” would mean a natural or legal person who processes personal data on behalf of [1] Ohio Personal Privacy Act, Sub. H. B. No. 376, 134th General Assembly [2] Id.
[3] Id. [4] Id [5] Id.
New Data Processing and Notice Requirements, Emerging Consumer Rights, and Cybersecurity Programs If enacted, OPPA would require businesses to adopt a transparent and consumer-focused method of processing personal data. Specifically, under OPPA, businesses would be required to communicate certain core aspects of the way that the business interacts with personal data through conspicuous posting of
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