As we move deeper into the second year of CCPA litigation, the substantive issues continue to develop and we remain focused on the patterns and implications of recent filings and rulings. In this post, we highlight notable developments in three cases that occurred in the first quarter of 2021. These cases raise significant issues
California Consumer Privacy Act (CCPA)
California Privacy Protection Agency Appointments Announced
California officials today announced their nominees to be the five inaugural members of the California Privacy Protection Agency (“CPPA”) Board. Created by the California Privacy Rights Act (“CPRA”), the CPPA will become a powerful, state-level privacy regulator long before its enforcement authority becomes effective in 2023, and today’s appointments move the CPPA one large step…
Further Amendments to CCPA Regulations Are Approved and in Effect
California’s Office of Administrative Law approved further revisions to the Attorney General’s CCPA regulations on March 15, 2021. The revisions went into effect upon approval. In substance, the revisions are identical to the fourth set of modifications the Attorney General proposed on December 10, 2020, and make the following changes:
(1) Notice for Sale of…
California AG Proposes Changes to CCPA Regulations
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…
California Privacy Legislation Round-Up: Gov. Newsom Signs CCPA Employee Exemption Extension, Vetoes Others
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…
CCPA Update: California Legislature Votes to Extend Employee and B2B Exemptions; Awaits Governor’s Signature
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…
CCPA Privacy Regulations Are Approved and Effective Immediately
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…
Webinar Replay: California Consumer Privacy Act (CCPA) for Procrastinators
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…
Register Now – Upcoming Webinars
This Wednesday, July 22
Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
Register Here
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online, but also how they…
CCPA Litigation Round-Up: Q2 2020
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…