Archives: CCPA

CPRA Rulemaking Begins with an Invitation by the New California Privacy Protection Agency

By Justin Yedor, Stanton Burke, and Jeewon K. Serrato For businesses awaiting guidance on how to comply with the California Privacy Rights Act (the “CPRA”), the new California Privacy Protection Agency (“CPPA”) began the rulemaking process on September 22, 2021 with an Invitation for Preliminary Comments on Proposed Rulemaking (the “Invitation for Comment”). In the … Continue Reading

AdTech Under the CCPA and CPRA

By Alan L. Friel and Kyle R. Fath on February 15, 2021 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 AG Becerra Tweets Endorsement for a Universal Opt-Out Tool

By Taylor A. Bloom and Alan L. Friel on February 8, 2021 Posted in CCPA

On Jan. 28, California Attorney General Becerra tweeted his support for a newly developed privacy tool that may function as a means for universal opt out. “#CCPA requires businesses to treat a user-enabled global privacy control as a legally valid consumer request to opt out of the sale of their data. CCPA opened the door … 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 November 4, 2020 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

By Alan L. Friel, Jeewon Serrato, Shea M. Leitch and Patrick Waldrop on October 20, 2020 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

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

By Jeewon Serrato on October 19, 2020 Posted in CCPA

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

By Nichole Sterling and James A. Sherer on September 15, 2020 Posted in CCPA

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

By Alan L. Friel, Jeewon Serrato and Catrina Wang on September 8, 2020 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

By Taylor A. Bloom, Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel and Linda A. Goldstein on August 27, 2020 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

CCPA Final Regulations, with a Few Unexpected Changes

By Alan L. Friel, Jeewon Serrato, Stanton Burke, Kyle R. Fath, Taylor A. Bloom and Catrina Wang on August 19, 2020 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

California AG Begins CCPA Enforcement

By Jeewon Serrato, Andreas Kaltsounis and Stanton Burke on July 16, 2020 Posted in CCPA

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

By Alan L. Friel and Jeewon Serrato on June 10, 2020 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

Three Paths to Final CCPA Regulations by July 1

By Taylor A. Bloom, Kyle R. Fath and Gerald J. Ferguson on May 29, 2020 Posted in CCPA

The California Consumer Privacy Act (CCPA) requires the California Attorney General (AG) to issue regulations to “further the purposes of the title” by July 1, 2020. As that date quickly approaches, various rumors have been circulating about the status of the final regulations and whether they will actually be issued by July 1, or at … Continue Reading

CCPA Compliance Meets Trade Secret Protection: A Peaceful Coexistence?

By C. Dennis Loomis, Alan L. Friel, Jeewon Serrato and Catrina Wang on May 12, 2020 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

Upcoming Webinars

By BakerHostetler on April 21, 2020 Posted in Advertising, CCPA

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

Additional 6-Month CCPA Extension Sought in Wake of COVID-19

By Alan L. Friel, Gerald J. Ferguson and Taylor A. Bloom on March 18, 2020 Posted in CCPA

On March 18, we filed a request to the California Attorney General, as part of the CCPA rulemaking process, seeking an additional six month delay in the enforcement of the CCPA to allow our clients time to better focus on business continuity and the safety of consumers and employees in response to the national COVID-19 … Continue Reading

CCPA Class Actions: Can They Include a Blast From the Past?

By Casie Collignon on March 13, 2020 Posted in CCPA, Healthcare

Our Digital Assets and Data Management teams have been tracking all aspects of the CCPA, so when Fuentes v. Sunshine Behavioral Health Group, LLC (Case No. 8:20-cv-00487, Central District of California) was filed on March 10, 2020, alleging a direct claim for violation of the CCPA, we were interested to see how CCPA allegations are … Continue Reading

California AG Releases Second Set of Modified CCPA Regulations

By Alan L. Friel, Taylor A. Bloom, Kyle R. Fath and Catrina Wang on March 11, 2020 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

By Alan L. Friel, Taylor A. Bloom, Kyle R. Fath and Catrina Wang on March 10, 2020 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 February 7, 2020 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

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

By Kyle R. Fath on January 14, 2020 Posted in CCPA

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?

By Sean Solis on January 9, 2020 Posted in CCPA

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

By Matthew D. Pearson and Casie Collignon on December 18, 2019 Posted in CCPA

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

By James Morrison and Casie Collignon on December 16, 2019 Posted in CCPA

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