On 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
CCPA Update: Final Regulations Submitted but No Changes from Prior Draft
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.”
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Ad Law Access Podcast – Operationalizing the California Consumer Privacy Act (CCPA)
CCPA 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, former special counsel Tara Marciano and associate Alexander Schneider discuss the ongoing challenges of operationalizing CCPA compliance focusing
Arbitration of CCPA Claims
Recent 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
FTC Guidance on AI: Don’t Surprise Consumers – Or Yourself
FTC Bureau of Consumer Protection Director Andrew Smith this week published some helpful pointers for companies that are developing or using AI to support consumer-facing services. These pointers are drawn from past FTC enforcement actions, reports, and workshops. They boil down to one overarching message: Companies shouldn’t surprise consumers – or themselves – in how
No Delay? What To Expect on CCPA Enforcement Timing
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:
Data Privacy Considerations for Coronavirus Data Tools
Data is helping governments, researchers, and companies across the world track the spread of the novel coronavirus, monitor cases and outcomes of COVID-19, and devise ways to halt the virus’s spread. As part of these efforts, raw data, software tools, data visualizations, and other efforts are providing the public and policymakers with insights into the
CCPA Update: Attorney General Releases Third Draft of Proposed CCPA Regulations
On 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
Ad Law Access Podcast: CCPA from the Trenches with Matt Dumiak of CompliancePoint
The California Consumer Privacy Act (CCPA) remains one of our most popular topics and on the latest episode of the Ad Law Access Podcast, partner Alysa Hutnik sits down with Matthew Dumiak, Director of Privacy Services at CompliancePoint. Matt provides a view “from the trenches” on the operational side of CCPA
Ad Law Access Podcast: CCPA Update – Attorney General Proposes Modified Draft Regulations
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