Tag Archives: CCPA

CCPA Employee and B2B Exemptions Set to Expire on Jan. 1, 2023

Photo of Jeewon SerratoPhoto of Jerel Pacis AgatepPhoto of Shruti Bhutani AroraBy Jeewon Serrato, Jerel Pacis Agatep and Shruti Bhutani Arora on Posted in CCPA
The California Consumer Privacy Act (CCPA) exemptions for employee and business-to-business Personal Information (PI) likely will not be extended. Aug. 31, 2022 was the last day for each house to pass bills, per the California Constitution (Art. IV, Sec 10(c) and the Joint Rules (J.R. 61(b)(18))), and no legislative proposals or amended bills made it … Continue Reading

DSIR Deeper Dive: Are you ready for the CPRA?

Photo of Justin T. YedorBy Justin T. Yedor on Posted in CPRA
In sports, they sometimes call it a rebuilding year – the team hires new players or a new coach, restructures, updates strategy, and prepares for the next season. In the world of California privacy compliance, 2021 was a rebuilding year for many companies. While handling ongoing compliance with the California Consumer Privacy Act (CCPA), businesses … Continue Reading

If it’s broke, just fix it…: Curing Alleged CCPA Violations

Photo of Colby EverettPhoto of Robyn M. FeldsteinPhoto of Casie CollignonBy Colby Everett, Robyn M. Feldstein and Casie Collignon on Posted in CCPA
Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one important, but not most discussed provision, is Section 1798.150(a)(1), the right to cure. The CCPA, like other, similar California privacy laws, includes … Continue Reading

CPPA Begins CPRA Rulemaking

Photo of Jennifer MitchellPhoto of Jeewon SerratoPhoto of Justin T. YedorPhoto of Jenny HaBy Jennifer Mitchell, Jeewon Serrato, Justin T. Yedor and Jenny Ha on Posted in CCPA, CPRA
On May 26, 2022, the California Privacy Protection Agency (CPPA or the Agency) held a public board meeting to provide updates on the Agency’s rulemaking process. The next day, the CPPA released draft regulations for the California Privacy Rights Act (CPRA). This post includes initial impressions of the proposed regulations and how they square with … Continue Reading

Complying with the CCPA’s Right to Deletion

Photo of Janine Anthony BowenBy Janine Anthony Bowen on Posted in CCPA
The California Consumer Privacy Act dramatically changed the regulatory landscape for privacy in the United States. Among the CCPA’s many requirements, one right is proving a particular challenge for many businesses: the right to delete. Whitney Schneider-White and Justin Yedor coauthored this white paper with Privatar, which discusses the challenges complying with the CCPA’s right … Continue Reading

California Privacy Protection Agency Board Chair Discusses CPRA Rulemaking Process and Agency Authority

Photo of Justin T. YedorPhoto of Jeewon SerratoBy Justin T. Yedor and Jeewon Serrato on Posted in CCPA, Consumer Data, CPRA, Data Privacy, Data Protection, Uncategorized
Justin T. Yedor and Jeewon Serrato On October 5, 2021, Jennifer Urban, who serves as Chair of the Board the California Privacy Protection Agency (the CPPA) spoke with members of the California Lawyer’s Association about the Board’s work to get the new Agency off the ground, the challenges it faces in doing so and the … Continue Reading

8 Key Takeaways for Initial Defenses Under the CCPA and CPRA

Photo of Marshall J. MatteraPhoto of Jeewon SerratoPhoto of Casie CollignonPhoto of Stanton BurkeBy Marshall J. Mattera, Jeewon Serrato, Casie Collignon and Stanton Burke on Posted in CCPA, CPRA, Data Breach Notification Laws, Data Breaches, Privacy
Authors: Marshall Mattera, Jeewon Serrato, Casie Collignon and Stanton Burke Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial risk to companies including statutory damages up to $750 per consumer. Early … Continue Reading

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

Photo of Justin T. YedorPhoto of Stanton BurkePhoto of Jeewon SerratoBy Justin T. Yedor, Stanton Burke and Jeewon Serrato on Posted in CCPA, CPRA, Information Security, Online Privacy, Uncategorized
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 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

Privacy and Product Counseling: 2020 in Review

Photo of Gerald J. FergusonPhoto of Nichole SterlingBy Kyle R. Fath, Gerald J. Ferguson and Nichole Sterling on Posted in Privacy
Summary Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. In addition to seeking counsel on their obligations under laws and regulations, however – motivated by industry trends, utilization of and dependence on third-party services and platforms, and, this year, the COVID-19 pandemic … 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 Shea M. LeitchPhoto of Patrick WaldropBy Alan L. Friel, Jeewon Serrato, Shea M. Leitch and Patrick Waldrop 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

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

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

California AG Begins CCPA Enforcement

Photo of Jeewon SerratoPhoto of Andreas KaltsounisPhoto of Stanton BurkeBy Jeewon Serrato, Andreas Kaltsounis and Stanton Burke on 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

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

Upcoming Webinars

Photo of BakerHostetlerBy BakerHostetler on 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

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 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
LexBlog