Alan L. Friel

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Virginia Poised to Enact the Consumer Data Protection Act, the Nation’s Second Comprehensive Consumer Privacy Law

Photo of BakerHostetlerBy Alan L. Friel, Kyle Dull, Kyle R. Fath and BakerHostetler on Posted in CDPA
Having passed both houses of the Virginia General Assembly, the proposed Consumer Data Protection Act (CDPA) may become the second comprehensive consumer privacy bill to be enacted in the United States. However, to reach the governor’s desk, it would need three more readings in the Senate and two more readings in the House, prior to … Continue Reading

AdTech Under the CCPA and CPRA

By Alan L. Friel and Kyle R. Fath on Posted in CCPA, CPRA
Please join us for a follow-up discussion on AdTech Under the CCPA and CPRA, originally presented as part of the PrivacyOC Privacy Week Forums 2021. Speakers Alan Friel and Kyle Fath will discuss four seemingly overlapping consumer rights under the CPRA: 1) Do Not Sell, 2) Do Not Share, 3) Do Not Profile, and 4) … Continue Reading

California Voters Approve Reworking of Landmark Consumer Privacy Law – What CCPA 2.0 Will Mean for Businesses and Consumers

By Alan L. Friel and Kyle R. Fath on Posted in CCPA
The nation awoke the morning after Election Day 2020 with much still unresolved.  By early morning Pacific Time, however, it was called by various media outlets that California voters approved a ballot measure, Proposition 24, known as the California Privacy Rights Act of 2020 (CPRA). Referred to by some as CCPA 2.0, the CPRA amends … Continue Reading

California OAG Proposes New CCPA Regs Two Weeks Before Voters Decide on the Fate of CCPA 2.0

Photo of Jeewon SerratoPhoto of BakerHostetlerBy Alan L. Friel, Jeewon Serrato and BakerHostetler on Posted in CCPA
On Monday, Oct. 12, the California Office of the Attorney General (the Attorney General or OAG) released a third set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations (the Regulations). The full text can be found on the Attorney General’s website here. The proposed modifications to the Regulations are limited to four … Continue Reading

Return to Work: What Employers Should Know About AB 1281, CCPA Notice Requirements and Recent Labor Law Guidance

Photo of Jeewon SerratoBy Alan L. Friel, Jeewon Serrato and Catrina Wang on Posted in CCPA
While most privacy news and alerts have been focused on the collection and processing of customer data (see our earlier posts about interest-based advertising and the House Judiciary Committee’s Antitrust Hearing with Big Tech, for example), privacy issues related to data collected from employees and business-to-business (B2B) contacts increasingly are becoming a concern for businesses. … Continue Reading

IAB Launches CCPA Benchmark Survey

Photo of Taylor A. BloomPhoto of Gerald J. FergusonPhoto of Linda A. GoldsteinBy Taylor A. Bloom, Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel and Linda A. Goldstein on Posted in Advertising, CCPA
The Interactive Advertising Bureau (IAB), a leading advertising industry organization, has launched a CCPA Benchmark Survey to assess how companies across the digital advertising ecosystem are approaching CCPA compliance. The survey provides an opportunity for companies to anonymously report on their handling of various CCPA matters, including to provide statistics relating to the number of … Continue Reading

Podcast: CA Privacy Law Reboot – CCPA 2.0

By Alan L. Friel on Posted in CPRA, Podcast
The California Privacy Rights Act (CPRA) is going to be on the November 3 ballot. The CPRA would amend the California Consumer Privacy Act (CCPA) to provide a greater level of rights for consumers and more stringent restrictions on data practices of businesses, including regarding the use of personal info for advertising and marketing purposes. … Continue Reading

CCPA Final Regulations, with a Few Unexpected Changes

Photo of Jeewon SerratoPhoto of Stanton BurkePhoto of Taylor A. BloomBy Alan L. Friel, Jeewon Serrato, Stanton Burke, Kyle R. Fath, Taylor A. Bloom and Catrina Wang on Posted in CCPA
On Friday, August 14, 2020, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Final Regs) under the California Consumer Privacy Act (CCPA). Proposed final regulations were submitted to the OAL by the Office of the Attorney General (OAG) on June 1, 2020. During OAL’s review process, … Continue Reading

CCPA Final Regulations Published in Advance of July 1 Enforcement Date

Photo of Jeewon SerratoBy Alan L. Friel and Jeewon Serrato on Posted in CCPA
On June 1, 2020, the Office of the California Attorney General (OAG) submitted the final proposed regulations (final regs) under the California Consumer Privacy Act (CCPA or the Title) to the California Office of Administrative Law (OAL). OAL now has 30 working days, plus an additional 60 calendar days under Executive Order N-40-20 related to … Continue Reading

CCPA Compliance Meets Trade Secret Protection: A Peaceful Coexistence?

Photo of C. Dennis LoomisPhoto of Jeewon SerratoBy C. Dennis Loomis, Alan L. Friel, Jeewon Serrato and Catrina Wang on Posted in CCPA
Since the California Consumer Privacy Act (CCPA) went live on January 1, 2020, businesses have been working to develop procedures for lawfully complying with requests from California consumers relating to their personal information. Such requests may provoke a vexing question for which there currently is no definitive answer in the CCPA: What is the business … Continue Reading

California AG Releases Second Set of Modified CCPA Regulations

Photo of Taylor A. BloomBy Alan L. Friel, Taylor A. Bloom, Kyle R. Fath and Catrina Wang on Posted in CCPA, Consumer Data
On March 11, 2020, the California Attorney General published a third version of the proposed regulations to implement the California Consumer Protection Act available here. A redline showing changes against both the initial draft regulations (published October 11, 2019) and the first modified draft (published February 10, 2020) is available here. Notably, the latest regulations … Continue Reading

Ad Industry Split on Cookies and CCPA

Photo of Taylor A. BloomBy Alan L. Friel, Taylor A. Bloom, Kyle R. Fath and Catrina Wang on Posted in Advertising, CCPA
Owners of websites and mobile applications that utilize cookies and other tracking technologies, e.g., pixels, app SDKs (tracking technologies), for interest-based advertising and other activities inherently share data across the digital ecosystem and will have to address these activities as part of their greater California Consumer Privacy Act (CCPA) compliance approach. In particular, the CCPA’s … Continue Reading

California AG Releases Modified CCPA Regulations

By Alan L. Friel on Posted in CCPA
UPDATE:  On February 10, the California Attorney General updated the modified regulations that were issued on February 7.  The updated modified regulations are available here. The public comment period has been extended by one day to February 25, 2020. On February 7, 2020 the California Attorney General published a second version of the proposed regulations … Continue Reading

Hoping for a New Year’s Resolution: Clarity on the Sale of Personal Information of California Minors

Photo of Carolina AlonsoPhoto of BakerHostetlerBy Carolina Alonso, Alan L. Friel and BakerHostetler on Posted in Children’s Privacy
Those who keep an eye on privacy laws may be familiar with how monumental the Children’s Online Privacy Protection Act (COPPA) was when it first became effective in 1998. COPPA requires online services that directly target children under the age of 13, or reasonably know that children visit the online service, to obtain verifiable parental … Continue Reading

Refine CCPA Compliance Plan with the Regulations in Mind

By Alan L. Friel on Posted in CCPA
We previously announced the publication of the first set of proposed regulations that will implement the California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020. Partner Alan Friel has authored an article published by OneTrust DataGuidance that details how the proposed regulations – and a half dozen amendments to the CCPA that … Continue Reading

Just When You Thought It Was Safe to Go Back into the Water – CCPA 2, the Sequel

Photo of Daniel PepperBy Alan L. Friel and Daniel Pepper on Posted in CCPA
If you’ve been feeling encouraged about your company’s preparation for the California Consumer Privacy Act’s (CCPA) launch on January 1, 2020, you may not want to breathe a sigh of relief just yet. Alastair Mactaggart, the founder and board chair of Californians for Consumer Privacy (one of the coauthors of the CCPA), is hoping that … Continue Reading

CCPA Regs: “This is the meat on the bones….”

By Alan L. Friel on Posted in CCPA
“Data is today’s gold. Everyone is rushing to mine data. Here in California, we are not unfamiliar with gold rushes… [in fact,][w]e are better than Captain Kirk and the Enterprise. We are going [with the CCPA regulations] to where no one has gone before! [A]nd it’s going to be a great series, maybe they will … Continue Reading

IAB Previews Solution for Interest-Based Advertising and CCPA ‘Do Not Sell’ Right

Photo of Gerald J. FergusonPhoto of Linda A. GoldsteinBy Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel and Linda A. Goldstein on Posted in Advertising
On September 17, 2019, numerous stakeholders in the digital advertising industry, including publishers, advertisers/brands, AdTech companies, and law firms (including numerous representatives from BakerHostetler) convened at the Interactive Advertising Bureau’s (IAB) headquarters in New York for a preview of its CCPA Industry Compliance Framework. Throughout the course of 2019, IAB has solicited input from a … Continue Reading

CCPA Amendments – Where They Stand Today

Photo of Taylor A. BloomBy Taylor A. Bloom and Alan L. Friel on Posted in CCPA
A little more than 100 days prior to the effective date of the California Consumer Privacy Act (CCPA), six amendments (A.B. 25, A.B. 874, AB 1146, A.B. 1202, A.B. 1355 and A.B. 1564) to the act were approved by California lawmakers at the close of the legislative session, which ended on Friday, Sept. 13. The … Continue Reading

Less Than a Month to Go Until Nevada Privacy Law Effective Date

Photo of BakerHostetlerBy Alan L. Friel and BakerHostetler on Posted in Consumer Data
As discussed in our previous blog post on the topic, Nevada’s amendments to its privacy law are set to go into effect Oct. 1, 2019. Less comprehensive in scope than the much-heralded CCPA, the Nevada privacy law amendment has received significantly less attention than its California counterpart. Even so, the new Nevada privacy law presents … Continue Reading

Summer Is Over – It’s CCPA and NV Crunch Time

By Alan L. Friel on Posted in CCPA
It is less than 120 days until California’s ground-shifting new privacy regimen – the California Consumer Privacy Act (CCPA) – goes into effect. There is only a week left for the Legislature to pass the handful of amendment bills that still survive, and we should have the attorney general’s proposed regulations published for public comment within … Continue Reading

Attempt to Expand CCPA Private Right of Action Fails, While Bills Exempting Employee Data and Otherwise Refining CCPA Advance

Photo of Taylor A. BloomBy Alan L. Friel, Niloufar Massachi and Taylor A. Bloom on Posted in CCPA
Over the past several weeks, the California State Assembly has voted in favor of advancing to the California Senate bills that would narrow the reach of the California Consumer Privacy Act (CCPA). Senate bills did not fare as well and have died. Two of the CCPA amendment bills moving forward have the potential to greatly … Continue Reading
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