California Consumer Privacy Act (CCPA)

Only two months after finalizing the CCPA regulations, the California Attorney General’s office today released a new set of proposed changes, most significantly addressing “Do Not Sell My Personal Information” requests. The office has also recommended changes to the regulations related to providing notice when businesses collect personal information offline, proof required when an

Prior to the September 30 deadline to sign or veto legislation, California Governor Gavin Newsom recently took action on three bills related to data privacy. Bringing some potential certainty to the dynamic CCPA landscape, Governor Newsom signed into law AB 1281, which provides for the extension of the CCPA’s exemptions related to employee data

On August 30th, the California legislature passed a bill to continue the employee and business-to-business (B2B) exemptions contained in the CCPA for another year. Currently, the CCPA provides two limited exemptions for employee and B2B information, whereby this information is excluded from most CCPA requirements. Both of these exemptions become ineffective January 1, 2021. Assembly

The California Office of Administrative Law today approved the CCPA Regulations that the California Attorney General submitted in June, and the regulations are effective immediately. As we discussed here, the now-final regulations, for the most part, substantively match those that the AG released in March, with a few notable changes.

Significantly, the AG

The replay for our July 30, 2020 California Consumer Privacy Act (CCPA) for Procrastinators: What You Need To Do Now If You Haven’t Done Anything Yet webinar is available here.

The coronavirus pandemic has put many things on hold, but CCPA enforcement is not one of them. The California Attorney General’s enforcement authority kicked

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January 1, 2020 was the effective date for the California Consumer Privacy Act (CCPA).  As we reported and summarized in our Q1 2020 CCPA Litigation Round-Up, private litigants wasted no time in filing consumer-related causes of action under the new law.

Here, we provide an update on material developments in that first wave of claims and report on additional private lawsuits commenced in the first half of the year.  We have further categorized the recently-filed cases based on those stemming from a data breach versus not.  In the latter category, the cases are further split based on the underlying alleged violations – last quarter, non-breach based claims related to the disclosures and opt-out mechanisms required by the CCPA as well as the scope of “personal information” covered by the CCPA.

1. Update on Cases Reported in Q1 2020


Continue Reading CCPA Litigation Round-Up: Q2 2020

The California Consumer Privacy Act (CCPA) right to non-discrimination explainedOn June 24, 2020, the Secretary of State of California announced that the California Privacy Rights Act (CPRA), had enough votes to be eligible for the November 2020 general election ballot. CPRA is a ballot initiative, which, if adopted, would amend and augment the California Consumer Privacy Act (CCPA) to increase and clarify the privacy

On June 2, California Attorney General Xavier Becerra announced that he had submitted final CCPA regulations to the Office of Administrative Law (OAL) for review. The final regulations are substantively identical to the second set of modified proposed regulations, which the AG released in March. In addition, the AG issued a Final Statement of Reasons that (1) explains the changes between the first draft and final regulations, and (2) is accompanied by Appendices that respond to each public comment received throughout the rulemaking process – including written comments submitted in response to each draft of proposed regulations and those provided at the four public hearings held in December 2019.

We have described below some of the key provisions of the final regulations, which will impose additional requirements on businesses, service providers, and third parties and data brokers, and likely require the design and implementation of new processes. Whatever hardship the regulations may cause, it is clear that the AG is prioritizing consumer privacy, explaining that the office “has made every effort to limit the burden of the regulations while implementing the CCPA” and does not believe the regulations are “overly onerous or impractical to implement, or that compliance would be overly burdensome or would stifle businesses or innovation.”
Continue Reading CCPA Update: Final Regulations Submitted but No Changes from Prior Draft

Ad Law Access Podcast - Operationalizing CCPACCPA compliance is a cross-functional exercise that requires active participation and buy-in from business units across the organization to tackle data mapping, work flows and employee training. On the latest episode of the Ad Law Access Podcast, special counsel Tara Marciano and associate Alexander Schneider discuss the ongoing challenges of operationalizing CCPA compliance focusing broadly