Meaning of "Clear and Conspicuous" under CCPA - Soliciting Input

Under the CCPA, businesses that sell personal information must provide a clear and conspicuous link on the homepage titled “Do Not Sell My Personal Information”, to a webpage that enables a consumer to opt-out. But, absent further AG guidance and release of proposed logo, what will satisfy the “clear and conspicuous” requirement.” What are your thoughts? 

We have a precedent under California law under the existing California Online Privacy Protection Act (CalOPPA). Under Cal. Bus. and Prof. Code 22577(b)(3) OPPA), the requirement to “conspicuously post” a privacy policy is spelled out:

(b) The term “conspicuously post” with respect to a privacy policy shall include posting the privacy policy through any of the following:

(1) A Web page on which the actual privacy policy is posted if the Web page is the homepage or first significant page after entering the Web site.

(2) An icon that hyperlinks to a Web page on which the actual privacy policy is posted, if the icon is located on the homepage or the first significant page after entering the Web site, and if the icon contains the word “privacy.” The icon shall also use a color that contrasts with the background color of the Web page or is otherwise distinguishable.

(3) A text link that hyperlinks to a Web page on which the actual privacy policy is posted, if the text link is located on the homepage or first significant page after entering the Web site, and if the text link does one of the following:

(A) Includes the word “privacy.”

(B) Is written in capital letters equal to or greater in size than the surrounding text.

(C) Is written in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.

(4) Any other functional hyperlink that is so displayed that a reasonable person would notice it.

(5) In the case of an online service, any other reasonably accessible means of making the privacy policy available for consumers of the online service.