In the fourth in our series of new CCPA regulations from California, we look at both cybersecurity audit obligations as well as the impact of the CCPA on the insurance industry. Cybersecurity Audits The proposed rules address...more
In the third in our series of new CCPA regulations from California, we look at obligations for conducting risk assessments under CCPA. CCPA had called on the California agency to promulgate rules to address such assessments,...more
In the second in our series of new CCPA regulations from California, we look at proposed rules for use of automated decisionmaking technology. As a reminder, CCPA discusses these technologies in relation to profiling, namely...more
12/12/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Legislative Agendas ,
Machine Learning ,
New Regulations ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
Regulatory Agenda ,
Risk Assessment ,
State and Local Government ,
State Privacy Laws ,
Technology
The California Privacy Protection Agency released proposed CCPA rules for a variety of topics in November, as well as announcing an investigative sweep for compliance with the Delete Act. Topics include the following, which...more
12/9/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Comment Period ,
Cybersecurity ,
Data Brokers ,
Deadlines ,
Enforcement Actions ,
Insurance Industry ,
Legislative Agendas ,
Machine Learning ,
Privacy Laws ,
Proposed Rules ,
Regulatory Agenda ,
State Privacy Laws
California’s governor has signed an amendment to CCPA, the state’s well-known privacy law. While California was the first to pass a “comprehensive” privacy law, it is the second -with this new amendment- to include “neural...more
The enforcement division of the California Privacy Protection Agency (CPPA) recently announced it intends to review the privacy practices of connected vehicles. The driving force behind the review is the technologies in...more
A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations....more
Companies may want to review their consumer rights processes as we approach July 1. This is the date of enforcement for those parts of CCPA modified by CPRA. It is also the effective date of two more state privacy laws:...more
Companies who participate in the AdTech and digital advertising eco-system are very familiar with the Interactive Advertising Bureau and its form advertiser agreements. Those agreements can help streamline negotiations,...more
The talk of “opt-out preference signals” or global privacy controls (GPC) has been increasing as companies dig into the forthcoming requirements under US “comprehensive” privacy laws. What is an opt-out preference signal? An...more
10/25/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Connecticut ,
Data Privacy ,
Do Not Sell ,
Opt-Outs ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
The California governor recently signed into law the California Age-Appropriate Design Code Act, which will go into effect July 1, 2024. The law applies to “businesses” (as defined by CCPA) that provide online services or...more
As we pass the half-way mark of 2022, many are reflecting on their privacy compliance progress. One area that seems to be a constant battle is training. How much is needed? What kind of training? What are expectations from...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
The California Privacy Protection Agency recently published public comments received in response to its preliminary rulemaking activities for the California Privacy Rights Act (CPRA). The comments were originally solicited in...more
The California attorney general has created a tool for consumers to report situations where companies sell information but do not have an opt-out of sale link on their website. The release of the tool came at the same time as...more
Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more
7/14/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consumer Privacy Rights ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Liability ,
New Legislation ,
Privacy Laws ,
State and Local Government
Virginia is now the second state, after California, to pass a comprehensive privacy law. The Consumer Data Protection Act (“CDPA”) will come into effect January 1, 2023 (the same time as the modification to California’s...more
To round out this series on right-sizing a privacy program, our last stop is thinking about the impact of working with third parties. There are many legal requirements to assess and/or to address in third party contracts when...more
1/29/2021
/ Business Development ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Standard Contractual Clauses ,
Strategic Planning ,
Third-Party
Throughout 2020, companies have been negotiating with their business partners the issue of “selling” under CCPA. Is the partner a service provider? A third party? Is there an exchange of consideration? These issues will not...more
By ballot initiative, California residents recently approved Proposition 24, or the California Privacy Rights Act (CPRA), with approximately 56 percent voting in favor. CPRA significantly amends the CCPA by expanding...more
The California Attorney General recently released a third set of proposed modifications to the CCPA regulations. As we previously covered, the CCPA regulations were approved and went into effect on August 14, 2020. Many...more
As the California legislature session concluded at the end of August, a significant amendment to the CCPA finally passed both houses. California bill AB-1281 passed the Senate in the last days of the month, extending the...more
The California AG has now released the final CCPA regulations, as approved by the Office of Administrative Law (OAL). The final draft (issued August 14, 2020) incorporates some relatively minor changes that the OAG submitted...more
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On June 1, 2020, the California AG submitted the final text of the proposed CCPA regulations to the Office of Administrative Law (OAL). There were no changes to the final text from the last version released in March, which we...more