Companies subject to California’s Consumer Privacy Act (CCPA) may soon need to figure out how to scale their privacy compliance programs to include employee and B2B information. The current exemptions that exist for most of the law’s requirements to this type of information are set to expire January 1, 2023.
As we pass the half-way mark of 2022, many are reflecting on their privacy compliance progress. One area that seems to be a constant battle is training. How much is needed? What kind of training? What are expectations from regulators around training?…
In this third post of our ongoing series, we examine key takeaways for companies in light of the recently released draft CPRA regulations. Today’s focus is on contractual requirements. (Visit here for information about collection and notice under the draft regulations, and here for information about choice.)…
The California Privacy Protection Agency (CPPA) recently released the draft proposed CCPA Regulations and draft initial statement of reasons. Importantly, these are draft regulations that are likely to be…Continue Reading What Should We Do About the Draft CPRA Regulations?: Collection and Notice
The California AG recently issued an opinion interpreting the scope of information that should be provided to consumers in an access request. In responding to access requests, companies must provide a list of all personal information that it has about that consumer. The AG opinion clarifies that inferences a company draws from personal information should be included in such a response.
Continue Reading In First CCPA “Opinion”, California AG Clarifies Scope of Access Requests
The California attorney general has created a tool for consumers to report situations where companies sell information but do not have an opt-out of sale link on their website. The release of the tool came at the same time as the AG’s update on its CCPA enforcement actions. In that update, the AG highlighted one of the most common problems it had found: not having appropriate disclosures around “sales.”
Continue Reading AG Implements Tool to Allow Consumer Reporting of Alleged DNS Violations
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
Throughout 2020, companies have been negotiating with their business partners the issue of “selling” under CCPA. Is the partner a service provider? A third party? Is there an exchange of consideration? These issues will not likely go away in 2021, especially as we turn to addressing the CCPA modification, CPRA.
Continue Reading 2020 In Review: Exchanging Data With Business Partners
As 2020 draws to a close and we approach CCPA’s first birthday, the regulations continue to remain very much in “infant” mode. On December 10, 2020, the California Attorney General released a fourth set of proposed regulations. This is the second set of proposed changes released since the regulations went into effect in August 2020. Companies have until December 28, 2020 to submit comments to the AG on the modifications.
Continue Reading The Button is Back! Fourth Set of Modifications to CCPA Regulations Released
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