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New CCPA regulations announced shortly before new Attorney General named

Elizabeth Casale March 31, 2021
trick-or-treat-for-california-employers-650x510

Former California Attorney General Xavier Becerra recently announced new regulations under the CCPA to “prohibit companies from burdening consumers with confusing language or unnecessary steps such as forcing them to click through multiple screens or listen to reasons why they shouldn’t opt out.” READ MORE

A wave of new state privacy legislation may be on the horizon

Elizabeth Casale March 12, 2021
A sunrise coming over the horizon above the United States

A number of states have proposed new privacy legislation this year, including Florida, Oklahoma and more. Virginia is now the second state in the U.S. to enact comprehensive privacy legislation. READ MORE

Maintaining privilege over forensic data-breach reports

Luke Sosnicki December 18, 2020
Illustration of files and a locked file folder

In the new reality of transparent data collection, use, and security, companies may be forced to strike a careful balance between protecting their confidential and privileged information and complying with various laws requiring them to be transparent and to keep consumers informed. READ MORE

California Attorney General submits fourth set of CCPA modifications for review

Luke Sosnicki December 16, 2020
A statue of Justice in front of the California flag

On December 10, the Attorney General of California released a fourth set of proposed modifications to the California Consumer Privacy Act. These new modification follow the Attorney General’s proposed regulations released on October 11, 2019, as well as the California Attorney General’s previous modifications on February 10 and March 11, 2020. READ MORE

California Privacy Rights Act passes

Elizabeth Casale November 6, 2020
California state capital building and California flag

California Proposition 24, the California Privacy Rights and Enforcement Act, passed on November 3, 2020. The CPRA amends and supplements some of the key provisions in California’s existing consumer privacy law, the California Consumer Privacy Act. READ MORE

Office of Administrative Law approves final CCPA regulations

trick-or-treat-for-california-employers-650x510

On August 14, California Attorney General Xavier Becerra announced that the Office of Administrative Law had approved the regulations for the CCPA and filed the regulations with the California Secretary of State. The regulations take effect immediately. READ MORE

California Privacy Rights Act qualifies for November 2020 ballot

Illustration of voters submitting ballots

The California Privacy Rights Act of 2020 has officially qualified for this November’s ballot. If passed, some provisions of the law would take effect five days after the California Secretary of State files the statement of vote, but the CPRA would be effective January 1, 2023 with a July 1, 2023 enforcement date. READ MORE

California Attorney General submits final CCPA regulations for review

California state capital building and California flag

On June 1, California Attorney General Xavier Becerra submitted final CCPA regulations for review by the Office of Administrative Law. The final regulations are substantively the same as the second modified regulations that the AG released back in March, but the timing of the release creates new questions. READ MORE

In wake of COVID-19, California AG asked to delay enforcement of CCPA

Cybersecurity_default blog

On March 17, 2020, more than 30 trade groups and companies co-signed a letter to California Attorney General Xavier Becerra asking him to postpone the enforcement date for the California Consumer Privacy Act from July 1, 2020, to January 2, 2021. The letter cites the COVID-19 crisis and the CCPA’s implementing regulations still being developed as justification for the delay. READ MORE

California Attorney General releases second set of modifications to CCPA

A statue of Justice in front of the California flag

The California Attorney General released a new set of proposed modifications to the California Consumer Privacy Act, following the Attorney General’s proposed regulations released on October 10, 2019. The new modifications include some welcome changes for businesses and clarifying language for a number of the law’s sections. READ MORE

Clearview AI class-action may further test CCPA’s private right of action

Luke Sosnicki March 11, 2020
A security camera outside on a pole

A class-action lawsuit against facial-recognition company Clearview AI alleges they unlawfully scraped biometric data from other websites and sold the resulting data to other entities. The case tests yet another provision of the CCPA relating to the law’s private right to action. READ MORE

Class-action case against Ring may test CCPA’s private right of action

A finger about to push the button on a doorbell video camera

A class-action lawsuit against Ring LLC alleging the plaintiffs’ rights to privacy were violated includes a cause of action under the CCPA, alleging plaintiffs were entitled to a CCPA notice informing them what information Ring was collecting and how it would be used. The case may lead to what could be the first judicial interpretation of the CCPA’s private right of action. READ MORE

California Attorney General releases modifications to proposed CCPA regulations

Luke Sosnicki February 12, 2020
trick-or-treat-for-california-employers-650x510

On February 7, California’s Attorney General released modified proposed regulations implementing the California Consumer Privacy Act. Many of the revisions can be reasonably interpreted to lessen the burden on businesses attempting to comply with the CCPA. READ MORE

Proposed federal privacy bills exceed even California’s CCPA requirements in some respects

Luke Sosnicki December 23, 2019
U.S. capitol dome

Two recent online privacy bills introduced in the U.S. Senate highlight some of the key privacy and data security issues that Congress may tackle next year. While they share much in common, key differences between the two include whether a federal bill would be privately-actionable and if it preempts state laws. READ MORE

Blog Browse: Higher education should pay attention to the CCPA

Aaron Lacey Luke Sosnicki December 16, 2019
College campus at night

The CCPA takes effect in less than a month. It will be the strictest privacy law in the country, and may be a model for other states as well. If they haven’t already, educational institutions—including both for-profit and non-profit schools—should take immediate steps to familiarize themselves with the statute and develop a plan to comply. READ MORE

CCPA: The next horizon for M&A deals in California and beyond

Jennifer Post Luke Sosnicki December 10, 2019
Padlock sitting on a motherboard

Recent polls suggest that many companies covered by the CCPA are not yet compliant, creating interesting issues and pitfalls for merger & acquisition deals beginning in 2020. With the CCPA taking effect on January 1, the implications for covered business and those acquiring or merging with them deserve careful consideration. READ MORE

What businesses need to know about the Attorney General’s proposed CCPA regulations

Luke Sosnicki October 14, 2019
Illustration of man using shield to protect computer

On October 10, 2019, California’s Attorney General released its long-awaited draft regulations explaining how the state intends to enforce the requirements of the California Consumer Privacy Act. The regulations leave much to the best judgment of businesses that will be doing their best to comply and are in response to questions raised during the comment-gathering process. READ MORE

California ballot initiative would further strengthen the state’s consumer privacy laws

Luke Sosnicki October 3, 2019
Illustration of a computer with a lock and chain around it

Before the CCPA has even gone into effect, privacy advocates have already introduced new legislation further tightening California’s consumer laws. The vast majority of the new initiative would impose additional requirements on companies that want to do business with California consumers. READ MORE

Examining the six amendments to the CCPA awaiting Governor Newsom’s signature

California state capital and state flag

Although the California Consumer Privacy Act will be effective in only a few short months, key amendments are still awaiting the Governor’s signature. Some of the amendments make exemptions from the CCPA, while others provide clarification of the Act’s terms. READ MORE