Archives: CCPA

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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

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 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?

Photo of Sean SolisBy Sean Solis on 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

Photo of Matthew D. PearsonPhoto of Casie CollignonBy Matthew D. Pearson and Casie Collignon on 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

Photo of James MorrisonPhoto of Casie CollignonBy James Morrison and Casie Collignon on 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

BakerHostetler Comments on Draft CCPA Regulations

Photo of Taylor A. BloomBy Kyle R. Fath and Taylor A. Bloom on Posted in CCPA
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

Photo of Nichole SterlingPhoto of James A. ShererBy Nichole Sterling and James A. Sherer on Posted in 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

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

IAB Releases Draft CCPA Compliance Framework for Digital Advertising Industry

By Kyle R. Fath on Posted in Advertising, CCPA
The Interactive Advertising Bureau (IAB) publicly released its draft CCPA Compliance Framework for Publishers and Technology Companies (“Framework”) on Oct. 22, 2019. As we reported here, the Framework is being developed by the IAB and the IAB Tech Lab to address the challenges of the CCPA’s Do Not Sell obligation as it relates to interest-based … Continue Reading

A Balancing Act: A Brief Overview of California Privacy Laws

By Kamran Salour on Posted in CCPA
The California Consumer Privacy Act (“CCPA”) takes effect on January 1, 2020. The CCPA aims to provide consumers with an unprecedented array of rights concerning the control of their personal information and, correspondingly, imposes an unprecedented array of obligations upon businesses concerning consumers’ personal information. These obligations are not without limitation, however; the CCPA strives … 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 Amendments Signed into Law by California Governor

By Kyle R. Fath on 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 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?

Photo of Melinda L. McLellanBy Melinda L. McLellan and Arielle Brown on 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

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

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

CCPA Amendment Progress Report: July Update

Photo of Melinda L. McLellanPhoto of Taylor A. BloomBy Melinda L. McLellan and Taylor A. Bloom on 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

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

Ad and Publishing Industries Confront CCPA Challenges While Congress Considers Privacy

By Alan L. Friel on 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

Photo of Shea M. LeitchBy Shea M. Leitch and Niloufar Massachi on 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 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
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