January 28 is known worldwide as “Data Privacy Day” or “Data Protection Day,” and it’s a good opportunity to remind everyone of some privacy basics – particularly as people are still working remotely and threats to...more
As businesses continue to work on compliance with the California Consumer Privacy Act (CCPA) and the multiple versions of regulations issued by the Attorney General’s Office, Attorney General Becerra has issued yet another...more
12/15/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
Public Comment ,
Rulemaking Process ,
State Attorneys General
Earlier this week, the California Department of Justice unexpectedly released a third set of proposed modifications to the CCPA regulations. This move took place only two months after the California Attorney General’s Office...more
10/14/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Information Governance ,
Office of Administrative Law ,
Opt-Outs ,
Personal Information ,
Privacy Policy ,
State Attorneys General
California Governor Gavin Newsom has signed Assembly Bill 1281 to extend the California Consumer Privacy Act (CCPA) “exemptions” for business-to-business (B2B) and employee personal information. The exemption was headed for a...more
10/2/2020
/ B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Collection ,
Employee Privacy Rights ,
Governor Newsom ,
Governor Vetoes ,
Online Safety for Children ,
Parental Consent ,
Social Media
2020 “back to school” has a whole new meaning in the age of COVID-19. Now, it is finally time for companies to take compliance with the California Consumer Privacy Act (“CCPA”) off the back burner and implement policies and...more
The California Legislature has passed AB-1281 over to the Governor’s desk, approving the continuation of an exemption for personal information collected in the employment context and certain information collected in the...more
California Attorney General Becerra announced Friday afternoon that the Office of Administrative Law (OAL) had approved the final CCPA regulations his office submitted to the OAL in June, and that the review process is...more
At present, the California Consumer Privacy Act (CCPA) has “temporary” (and limited) exemptions for the application of portions of the CCPA to personal data collected in the course of business-to-business transactions...more
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)
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
Privacy risks of using big data in the fight against COVID-19 are significant, and have caught the attention of Republicans and Democrats alike.
Earlier this month we reported on a bill introduced on May 7 by Republican...more
As of March 12, 2020, the proposed Washington Privacy Act has foundered on enforcement rocks. The Senate did not agree with the House’s amendment that would have included a broad private right of action. The Senate’s version...more
3/13/2020
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Authority ,
Infectious Diseases ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes
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
The Washington Privacy Act has overwhelmingly passed the Washington state senate by a vote of 46-1...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