Archives: CCPA

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

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

Jeewon Kim Serrato Co-Authors Article about Pricing, Value of Consumer Data and CCPA’s Non-Discrimination Requirement

Partner Jeewon Kim Serrato co-authored an article published in the California Lawyer Association’s Fall 2020 issue of the “Competition Journal” of the Antitrust, UCL and Privacy Section.  The article, “Privacy, Pricing, and the Value of Consumer Data: Complex Nature of the CCPA’s Non-Discrimination Requirement,” discusses the intersection of privacy and competition law and provides an in-depth … Continue Reading

Employee Training and Record-Keeping Requirements in the Final CCPA Regulations and a Preview of New Retention Requirements in the CPRA

The California Consumer Privacy Act (CCPA) does not in itself outline specific employee training or record-keeping requirements that demonstrate business compliance with the law. However, the California attorney general’s final CCPA Regulations, intended to guide the application of the CCPA, detail that specific types of employee training and record-keeping are required for CCPA compliance. Specifically, … Continue Reading

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

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

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

CCPA Final Regulations, with a Few Unexpected Changes

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

California AG Begins CCPA Enforcement

Last week, the International Association of Privacy Professionals hosted a keynote session with Stacey Schesser, supervising deputy attorney general (AG) of the California Department of Justice, to discuss the July 1 start of the AG’s enforcement authority under the California Consumer Privacy Act (CCPA). The deputy AG discussed the current scope of the AG’s enforcement authority and confirmed that on July 1, … Continue Reading

CCPA Final Regulations Published in Advance of July 1 Enforcement Date

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?

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

Upcoming Webinars

April 23, 2020: Marketing, Promoting and Pricing Your Products During the Pandemic For some companies, the COVID-19 pandemic has meant trying to cope with flying-off-the-shelf demand; for others, it has meant retail shutdowns, force majeure and trying to find creative new ways to keep sales afloat. For all of us, it has been a time … Continue Reading

California AG Releases Second Set of Modified CCPA Regulations

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

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

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

California AG Press Release Emphasizes CCPA’s Jan. 1 Effective Date and Data Broker Registry, Provides No Update on Draft Regulations

On Jan. 6, 2020, the California attorney general (AG) released a CCPA advisory press release and reiterated what we already know – that “businesses subject to CCPA [are] required to begin complying with the law on January 1, 2020” and that California residents are afforded new data privacy rights under the CCPA. Unfortunately, the advisory did not provide any details … Continue Reading

Is the CCPA’s Private Right of Action Provision Retroactive?

With the California Consumer Privacy Act (CCPA) – the strictest privacy law in the nation – now in effect, an important question for businesses to consider is whether it applies to conduct that occurred prior to the law’s effective date of Jan. 1. This question is particularly relevant to the private right of action section … Continue Reading

Words Matter: Interpreting the CCPA’s Private-Right-of-Action Provision

Subject to certain exceptions, the California Consumer Privacy Act (CCPA) provides a private right of action to “[a]ny consumer whose nonencrypted and nonredacted personal information … is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’s violation of the duty to implement and maintain reasonable security procedures and … Continue Reading

CCPA Notice Requirements for Statutory Damages

Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes compromised. Specifically, under the California Consumer Protection Act (CCPA), any California consumer whose nonencrypted or nonredacted personal information is subject to unauthorized access and exfiltration, … Continue Reading

BakerHostetler Comments on Draft CCPA Regulations

The California attorney general (the AG) has concluded the first round of public comments on the proposed regulations that would serve to interpret and implement California’s sweeping new privacy law, the California Consumer Privacy Act (the CCPA). After just under two months since the release of the proposed regulations (the Regs) by the AG and … Continue Reading

Record-Keeping and Training Requirements in the Proposed Regulations for the CCPA

The California Consumer Privacy Act (CCPA), California Civil Code §1798.100 and following, does not in itself outline specific training and record-keeping requirements that demonstrate business compliance with consumer requests. However, in October 2019, the California attorney general proposed additional CCPA Regulations intended to guide the application of the CCPA, and Section 999.317 of the proposed … Continue Reading

Refine CCPA Compliance Plan with the Regulations in Mind

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
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