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The talk of “opt-out preference signals” or global privacy controls (GPC) has been increasing as companies dig into the forthcoming requirements under US “comprehensive” privacy laws. What is an opt-out preference signal? An “opt-out preference signal” also known colloquially as ”GPC,” is a signal sent by a platform or technology on behalf of a consumer that communicates the consumer’s choice to opt out of sale or sharing. Below, we summarize how each of the states treats this requirement.Continue Reading Comparing and Contrasting the Opt Out Preference Signal Across States

With 2023 quickly approaching, many are spending this final quarter preparing for the five US state “comprehensive” privacy laws. Some of these contemplate clarifying regulations with technical and operational requirements. Requirements that will impact preparation activities.Continue Reading State Comprehensive Privacy Laws: Status of the Regulations

On March 15, 2021, the California Office of Administrative Law (“OAL”) approved additional regulations to the CCPA. These regulations were originally proposed at the end of 2020 (which we covered here).  The changes are effective immediately. The modifications largely focus on (1) changes impacting those companies that “sell” information, and (2) the verification process for rights requests made by authorized agents.
Continue Reading Changes to CCPA Regulations are Approved and in Effect

By ballot initiative, California residents recently approved Proposition 24, or the California Privacy Rights Act (CPRA), with approximately 56 percent voting in favor. CPRA significantly amends the CCPA by expanding individual rights, introducing new GDPR-style governance measures, and establishing a new enforcement agency (among other things). Importantly, CPRA does not replace or repeal CCPA, but rather augments it.  Further, no new private right of action will be added by CPRA.  The substantive provisions of CPRA do not take effect until January 1, 2023.
Continue Reading The CCPA Wheels Keep Turning: The Addition of CPRA

As the California legislature session concluded at the end of August, a significant amendment to the CCPA finally passed both houses. California bill AB-1281 passed the Senate in the last days of the month, extending the business-to-business and employee/applicant carve-outs through January 1, 2022 (as we wrote about previously). The bill now sits with Governor Newsom to sign before the end of September.
Continue Reading CCPA Bill Extending Exemptions Passes Through California Legislature

On June 1, 2020, the California AG submitted the final text of the proposed CCPA regulations to the Office of Administrative Law (OAL). There were no changes to the final text from the last version released in March, which we previously summarized here.
Continue Reading Final Draft CCPA Regulations Submitted, Effective Date Unclear

During COVID-19, in certain areas of the law, we have seen significant flexibility from regulators and government agencies in how they are addressing typical approval processes and/or compliance requirements. In the context of privacy and cybersecurity regulations, largely, regulators are emphasizing that personal privacy and data security are important now more than ever. New information is being collected and used in new ways. Certain data security vulnerabilities may be more prevalent in this work-from-home environment.
Continue Reading Privacy and Data Protection Enactment and Enforcement Timelines During COVID-19

On March 11, 2020, the second set of modifications (or the third version) of the CCPA draft regulations were released. While the number of substantive changes dwindled in this version, there are a number of drafting corrections and a few modifications of note. Namely:
Continue Reading Can you Zigzag? California AG Releases Latest Draft of CCPA Regulations

On February 10, the California Attorney General’s office released a highly anticipated updated draft of the proposed CCPA regulations. This draft corrected a version first issued on February 7, 2020. These latest updates follow the four public hearings held in December 2019 and nearly 1,700 pages of comments submitted after the AG first released the initial proposal in October 2019.  While these modified regulations are still not final, some of the notable changes include:
Continue Reading And the Modified Proposed CCPA Regulations are Here!

As we get settled into the reality of living with both CCPA and GDPR, companies are looking for new approaches for keeping their privacy houses in order. CCPA reminds us that there is no end to new legislation: proposals are already coming in from states as varied as Nebraska, New Hampshire and Virginia. Similar legislative trends exist around the globe. How can companies be prepared to address this ever shifting legislative landscape? There are a few essential steps privacy officers can take, including (1) aligning the privacy team’s efforts with the underlying corporate mission, (2) having a clear understanding of both the company’s data and its use practices, and (3) having infrastructure in place that will allow for updates to notices and rights.
Continue Reading Getting Prepared for a Decade of Privacy

One of the amendments we’ve been watching over the past months is one that impacts rights of employees —both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting governor signature, companies will be (for a year) exempted from providing current and former employees, job applicants, and contractors with the full suite of CCPA rights. Starting January 2020, however, these individuals must be provided with notice of information use. Access and deletion rights will not go into effect until January 2021.
Continue Reading What To Do About Employees Under CCPA: An Update