California Consumer Privacy Act (CCPA)

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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…

The California Consumer Privacy Act (CCPA) provides consumers with a right to non-discrimination when they exercise other privacy rights guaranteed by the law, such as the right to access, delete, or opt out of the sale of their personal informationThe California Consumer Privacy Act (CCPA) provides consumers with a right to non-discrimination when they exercise other privacy rights guaranteed by the law, such as the right to access, delete, or opt out of the sale of their personal information.  However, the meaning of “non-discrimination” and the exceptions to this prohibition provided in the CCPA and proposed regulations are among the more confusing aspects of California’s privacy law.

While other privacy laws contain non-discrimination provisions, the CCPA non-discrimination right is notably broader.  For example, the CCPA concept of discrimination is not limited to protected or sensitive categories, as is the case with Title VII.  Nor is it limited to a specific type of economic activity, as is the case with industry-specific laws such as the Equal Credit Opportunity Act.  Instead, CCPA’s non-discrimination right applies to all California consumers exercising any of their other rights under the Act.

This post looks at what the non-discrimination right prohibits (and allows), as well as some of the important questions that the statute and draft regulations leave open.  Critical practical issues include being able to (1) distinguish between lawful denials of CCPA rights and impermissible discrimination, and (2) justify the magnitude of financial incentives offered in connection with personal information collection, retention, and sale.  With about two months before the CCPA’s July 1 enforcement date, it’s important for businesses to confirm how they are addressing this often overlooked right and square away any final adjustments that may be prudent.

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Continue Reading The CCPA Non-Discrimination Right, Explained

California Attorney General (AG) released third draft of proposed CCPA regulationsRecent putative consumer class action cases filed against Ring and Zoom raise allegations under the California Consumer Privacy Act (“CCPA”) and are likely to be the first battlegrounds over the CCPA’s potential hostility to consumer arbitration clauses.  The continued applicability of arbitration agreements is likely to be a significant (and hard-fought) issue with far-reaching implications…

The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020.  Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite mounting industry pressure.The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020.  Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite mounting industry pressure.

Even if enforcement begins July 1st, companies must contend with another glaring obstacle:…

The California Consumer Privacy Act (CCPA) took effect January 1, 2020.  While the California Attorney General’s enforcement authority is delayed until July 1, private litigants have already started to file direct claims under the CCPA as well as other consumer-related causes of actions predicated on alleged CCPA violations.  Notably, the California Attorney General takes the…

California Attorney General (AG) released third draft of proposed CCPA regulationsOn Wednesday, the California Attorney General (AG) released a third draft of proposed CCPA regulations for public comment.  The draft contains a series of technical corrections, along with a handful of substantive incremental modifications to the prior draft.  The limited number of changes signals that the rulemaking process is reaching an end.

The following…

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On Friday, California Attorney General Xavier Becerra released proposed modifications to the formerly-released draft regulations implementing the California Consumer Privacy Act (CCPA). The modifications reflect the Attorney General’s response to public comments issued in response to the draft regulations and arguably represent a rollback of key provisions previously proposed.

The modifications impose a number of…