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
California Consumer Privacy Act (CCPA)
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…
It’s Here: California Voters Approve the CPRA
On Tuesday, November 3, 2020, California voters passed ballot Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”). Also known as CCPA 2.0, CPRA brings a number of changes to the CCPA, the majority of which will become operative on January 1, 2023. In addition to revising some of the definitions that are fundamental…
CCPA Litigation Update: How the CCPA (and other Privacy Risks) Raise the Risk of Potential Shareholder Claims
California became the first U.S. state with a comprehensive consumer privacy law when the California Consumer Privacy Act (“CCPA”) became operative on January 1, 2020. The CCPA provides for broad privacy rights for residents of California and imposes data protection obligations on companies doing business in California that meet certain criteria. For further background on…
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…
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…
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Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
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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
CCPA 2.0 Gets Closer to Reality: CPRA Eligible for November 2020 Ballot; How Does it Compare to CCPA?
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…