Archives: CCPA

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

By Alan L. Friel and Daniel Pepper on October 21, 2019 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 Amendments Signed into Law by California Governor

By Kyle R. Fath on October 14, 2019 Posted in CCPA

On Friday, October 11, 2019, California’s governor signed into law each of the six CCPA amendment bills passed by the legislature, bringing some finality and clarity to the scope of the CCPA (at least with respect to details which will not be affected by the attorney general’s regulations). In addition to signing into law A.B. … Continue Reading

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

By Alan L. Friel on October 10, 2019 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

CCPA Exceptions: What Qualifies as Activity ‘Wholly Outside’ of California?

By Arielle Brown and Melinda L. McLellan on September 18, 2019 Posted in CCPA

Much has been said about the scope of the California Consumer Privacy Act (CCPA) and the far-reaching implications the law will have on businesses throughout the United States. Although it is true that the territorial reach of the law is broad, it is not without limits. The CCPA explicitly includes a geographic exception that may … Continue Reading

CCPA Amendments – Where They Stand Today

By Taylor A. Bloom and Alan L. Friel on September 17, 2019 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

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

By Alan L. Friel on September 9, 2019 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

CCPA Amendment Progress Report: July Update

By Melinda L. McLellan and Taylor A. Bloom on July 25, 2019 Posted in CCPA

As we reported in April, May and June, a number of potentially significant amendments to the California Consumer Privacy Act (CCPA) continue to make their way through the state legislative process. Below we provide a summary of recent developments from earlier this month, including changes that may materially affect how businesses approach their CCPA compliance … Continue Reading

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

By Alan L. Friel, Niloufar Massachi and Taylor A. Bloom on June 5, 2019 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

Nevada Adds “Do Not Sell” Requirement to Privacy Law

By Shea M. Leitch and Alan L. Friel on June 5, 2019 Posted in CCPA, Consumer Data, GDPR

Last week, Nevada Governor Steve Sisolak signed new privacy legislation into law in Nevada. Senate Bill 220 (SB-220) updates Nevada Revised State 603A to provide consumers a new right to opt out of the sale of their data. Effective Oct. 1, 2019, the new law will come into effect prior to the more comprehensive California … Continue Reading

Ad and Publishing Industries Confront CCPA Challenges While Congress Considers Privacy

By Alan L. Friel on May 29, 2019 Posted in CCPA

The California Consumer Privacy Act (CCPA), effective Jan. 1, 2020, will require more privacy transparency and choice for consumers than they have ever had under U.S. law, but its approach to providing consumers with the right to opt out of a sale of their personal information threatens to disrupt the third-party digital advertising ecosystem. Most … Continue Reading

Washington Privacy Act Dies in the House While California Continues to Consider Refinements to the CCPA

By Shea M. Leitch and Niloufar Massachi on May 6, 2019 Posted in CCPA, Consumer Data

After passing the Senate nearly unanimously, the Washington Privacy Act (SB 5376) has stalled in the House of Representatives. The bill failed to achieve passage out of committee by the April 17 deadline for consideration of bills originating in the opposite house, and was returned to the Senate on April 28. As a result, SB … Continue Reading

California Assembly Privacy Committee Votes in Favor of Advancing CCPA Amendments

By Alan L. Friel and Niloufar Massachi on April 30, 2019 Posted in CCPA

Last Tuesday, the California Assembly’s Committee on Privacy and Consumer Protection (Assembly Privacy Committee), which has jurisdiction over matters related to privacy, the protection of personal information and information technology, held a committee hearing in which it voted in favor of advancing eight industry-backed bills that would amend the California Consumer Privacy Act (CCPA), set … Continue Reading

Bill to Expand CCPA Private Right of Action Moves Forward

By Alan L. Friel on April 11, 2019 Posted in CCPA

We have previously written about California SB 561 here, introduced by Senator Jackson (D) and supported by the California Attorney General (AG), that among other things would vastly expand the CCPA’s private right of action and remove the right to cure before the AG can seek civil penalties. On April 9 the California Senate Judiciary Committee … Continue Reading

Additional California Bill, AB 25, Proposed to Further Amend the CCPA

By Niloufar Massachi, Taylor A. Bloom and Alan L. Friel on April 4, 2019 Posted in CCPA

On March 25, Assembly Member Chau introduced Assembly Bill 25 (AB 25), which proposes to amend a section of the California Consumer Privacy Act (CCPA), set to take effect on Jan. 1, 2020. This amendment would expressly exclude employees from the definition of a “consumer” under the CCPA. As currently drafted, the CCPA governs the … Continue Reading

The California Consumer Privacy Act: Frequently Asked Questions

By Alan L. Friel, Laura E. Jehl and Melinda L. McLellan on March 27, 2019 Posted in CCPA

The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on January 1, 2020. In the wake of the CCPA’s passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Among the many differences between the CCPA … Continue Reading

California Sets Forth Further Legislation Imposing New Obligations on Companies

By Alan L. Friel and Niloufar Massachi on March 11, 2019 Posted in CCPA, Children’s Privacy, Consumer Data, GDPR

Over the past few weeks, California Republican lawmakers have introduced a new package of legislation called “Your Data, Your Way,” which would expand and strengthen consumer privacy rights beyond what is required by the new California Consumer Privacy Act (CCPA). The “Your Data, Your Way” package is comprised of bills that would impose new obligations … Continue Reading

BakerHostetler Comments On CCPA Rule Making For Clients

By Alan L. Friel on March 11, 2019 Posted in CCPA, Enforcement

The California attorney general (AG) has kicked of it process of promulgating regulations to interpret and implement California’s sweeping new privacy law. After a series of public hearings across the state, which we covered here and here, the AG closed the initial public comment period on March 8. Our clients have mostly sought to convey their … Continue Reading

CCPA Expansion Proposed

By Alan L. Friel and Taylor A. Bloom on February 27, 2019 Posted in CCPA

On Monday, Feb. 25, California Attorney General Xavier Becerra, together with Sen. Hannah-Beth Jackson (D), announced Senate Bill 561 to amend the California Consumer Privacy Act (CCPA). Most significantly, SB 561 would effectively eliminate the AG’s responsibility to provide guidance to businesses on how to comply with the CCPA while simultaneously expanding the right of … Continue Reading

Public Forums on the California Consumer Privacy Act Continue in Los Angeles – Rulemaking to Follow

By Alan L. Friel and Niloufar Massachi on January 28, 2019 Posted in CCPA

The public forums on the California Consumer Privacy Act (CCPA), held by the California Attorney General (AG) and the Department of Justice, continued on Friday, Jan. 25, in Los Angeles, California. At the forum, speakers had a brief opportunity to provide their comments on the CCPA. Prior to opening up the floor to members of … Continue Reading

First Public Forum on the California Consumer Privacy Act

By Alan L. Friel and Taylor A. Bloom on January 14, 2019 Posted in CCPA, State Legislation

The California Attorney General and the Department of Justice held the first public forum about the California Consumer Privacy Act (CCPA) on Tuesday, Jan. 8, in San Francisco. The public forums are part of the rulemaking process the attorney general’s office is undertaking pursuant to Section 1798.185 of the CCPA, which requires the attorney general … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on December 10, 2018 Posted in CCPA, Weekly Privacy Rewind

California Consumer Protection Act Privacy Groups Urge California Lawmakers Not to Weaken California Consumer Privacy Act • A variety of privacy groups, including the Electronic Frontier Foundation, the Digital Privacy Alliance and the Center for Digital Democracy, sent a letter to California lawmakers asking them not to “push[] California backward” when it comes to privacy … Continue Reading

California Delays Privacy Law Enforcement and Congress Is Lobbied to Pre-empt the Law

By Alan L. Friel on September 25, 2018 Posted in CCPA, State Legislation

This summer California enacted, effective Jan. 1, 2020, the California Consumer Privacy Act (CCPA), a privacy law unprecedented in the U.S. that grants California residents a broad range of European-like privacy rights. Amendments passed as SB 1121 on Aug. 31 and signed into law by Gov. Brown on Sept. 23 extend the time for the California … Continue Reading

California Amends Landmark Privacy Law Delaying Enforcement and Making Revisions

By Alan L. Friel and Niloufar Massachi on September 5, 2018 Posted in CCPA

With only hours left to the 2018 legislative session, the California Legislature has amended the California Consumer Privacy Act of 2018 (CCPA) by passing SB-1121. The legislature was expected to amend the CCPA, which passed in just about one week after it was proposed, in a rush to avoid a different version of the act … Continue Reading

California Consumer Privacy Act: Navigating Consumer Lawsuits & Limiting Remedies

By Paul Karlsgodt, Alan L. Friel and Niloufar Massachi on August 29, 2018 Posted in CCPA, State Legislation

California’s new privacy law, the California Consumer Privacy Act of 2018 (CCPA or act), which goes into effect Jan. 1, 2020, grants California residents (referred to as consumers in the act but not limited to consumers) a wide range of rights in regard to their personal information, broadly defined. To enable compliance with the act, … Continue Reading