As we’ve been writing about in this space for some time, today marks the opening of the CCPA enforcement era. Despite protestations from the business community, and requests for delay due to the lack of regulations until...more
7/1/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Information ,
Privacy Laws ,
State Attorneys General
Just as businesses are gearing up for the start of enforcement of the California Consumer Privacy Act (“CCPA”), California cleared the way for the California Privacy Rights Act (“CPRA”). The CPRA is an initiative imposing...more
Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more
6/17/2020
/ Breach of Implied Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Putative Class Actions ,
State Attorneys General ,
Unfair Competition Law (UCL)
Companies planning to conduct pandemic-related temperature checks for California employees and visitors to their premises should consider their compliance obligations under the California Consumer Privacy Act (“the CCPA”). If...more
The California AG’s office has dropped the long-awaited final CCPA Regulations, and requested expedited review from the Office of Administrative Law. If this request is granted, the regulations will be effective by July...more
Although it may not seem like it, there are privacy-related issues to discuss beyond COVID-19. Before the state of emergency, we saw the first complaint under the California Consumer Privacy Act (CCPA) filed in a California...more
Wrapping up our multi-part series on the recent revisions to the CCPA draft regulations issued earlier this month by the California Attorney General’s office, we look at Article 6 pertaining to non-discrimination and...more
In this post, we offer insights on the revisions recently made by the California Attorney General’s office to Article 5 of its draft regulations pertaining to special rules regarding minors. Article 5 imposes special...more
In this post, we offer insights on the revisions recently made by the California Attorney General’s office to Article 4 of its draft regulations pertaining to verification requirements. Article 4 specifies how businesses...more
We previously provided insights into this important portion of the regulations... In this installment we address important revisions provided by the AG’s office to Article 3 of these regulations, several of which will have...more
Back in October, we provided a summary of Article 2 of the California Attorney General’s Initial Proposed CCPA draft regulations, which specify certain notices that must be given to consumers at the time of collection of...more
The revised draft regulations to the California Consumer Privacy Act were issued by the California Attorney General’s office on February 7, and then modified on February 10. These amendments are open for public comment under...more
Late in the afternoon on Friday, the California Attorney General dropped the long-awaited revised draft regulations implementing the California Consumer Privacy Act of 2018 (CCPA). The AG’s office provided a redline to the...more
The House Bill. The House is taking a different approach to drafting a federal privacy bill. On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for...more
1/30/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Cybersecurity Framework ,
Data Collection ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Privacy Laws ,
Reasonable Expectation of Privacy ,
Rulemaking Process ,
State Data Breach Notification Statutes
As 2020 gets underway, Congress will continue to deliberate on federal privacy legislation in the second session of the 116th Congress. The California Consumer Privacy Protection Act (CCPA) went into effect on January 1, and...more
1/30/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Covered Entities ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Privacy Laws ,
Rulemaking Process ,
State Data Breach Notification Statutes
The short answer is “no”. The CCPA has a specific definition for “service provider” at Section 1798.140(v) – and it also requires a vendor to be bound by a written contract that prohibits it from...more
Unless you have been living off the grid for the past year, you likely know that we are now down to 13 days and counting to the effective date of the California Consumer Privacy Act (CCPA). We have received hundreds of...more
12/23/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
DPPA ,
Fair Credit Reporting Act (FCRA) ,
GLBA Privacy ,
Personal Information ,
Private Right of Action ,
State Attorneys General
Because the term “consumer” is so broad in the CCPA (remember: it’s any California resident), it would have applied to employee and job applicant data and all business contact information across the board. After much...more
12/20/2019
/ Amended Legislation ,
B2B Organizations ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employee Privacy Rights ,
Job Applicants ,
Personal Information
The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices...more
10/30/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Governor Newsom ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Right to Delete
The California Attorney General’s office (CA AG) has published the long-awaited implementing regulations to the California Consumer Privacy Act (CCPA). In addition to the regulations, the CA AG also released a Notice of...more
Interested parties and privacy professionals have all been anxiously awaiting how legislative activity would shake out before the California Consumer Privacy Act (“CCPA”) is implemented January 1, 2020. Now that the dust has...more
9/23/2019
/ Amended Legislation ,
B2B Organizations ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Governor Newsom ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
51 tech company CEOs today signed and sent an open letter to Congress asking for help to hold off and supersede the rising number of state privacy laws growing like weeds. The letter was sent on behalf of the Business...more
As we reported here, the final days of the 2019 California legislative session are winding down, with important amendments to the California Consumer Privacy Act (CCPA) still pending. In Thursday’s Senate session, AB 1130 was...more
The California Legislature has returned from its summer recess and got right to work on the pending amendments to the California Consumer Privacy Act (CCPA). The Legislature has 30 days from today to send any amendments to...more
According to our CCPA Countdown Clock, we are 161 days and counting to the effective date of the California Consumer Privacy Act. The Mintz Privacy team is deeply involved in working with clients on developing compliance...more