Over the past three years, we have blogged extensively about the California Consumer Privacy Act (“CCPA” or the “Act”) and the multiple amendments that have been made to it. All of the CCPA changes can make one’s head spin. “CCPA for Dummies” is an attempt to strip down the Act and make it easier to understand the regulations by highlighting its/their key elements.
[Read More]Data & Privacy Law
New CCPA Modifications Released
The California Department of Justice (“DOJ”) has provided notice of yet another round of proposed modifications to the California Consumer Privacy Act (“CCPA”). This fourth set of new CCPA modifications addresses the twenty (20) comments businesses submitted in response to the third set of modifications on October 12, 2020. The DOJ will accept written comments on the new CCPA modifications until 5:00 p.m. on December 28, 2020.
What are the new CCPA modifications?
[Read More]Supreme Court Hears Argument to Settle TCPA ATDS Definition
The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid. The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition. For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer Protection Act (“TCPA”) has been a moving target. Following this week’s oral arguments, SCOTUS is at long last poised to definitively answer the question.
How might SCOTUS decide the TCPA ATDS definition based on the oral argument?
[Read More]How the CPRA Law Overhauls and Updates the CCPA
As readers know, on November 3, 2020, California State voters passed Proposition 24, better known as the California Privacy Rights Act (“CPRA”). The CPRA significantly changes California’s privacy landscape, which was still developing after the recent enactment of the California Consumer Privacy Act of 2018 (“CCPA”). While the CPRA’s history mirrors that of the CCPA, the CPRA law should be seen as a significant expansion of the privacy rights set out under the CCPA.
What is the History of the CPRA Law?
[Read More]How Does the CPRA Compare to the GDPR? Ask a CPRA Lawyer
On election day, California State voters passed Proposition 24, the California Privacy Rights Act (“CPRA”), a measure that strengthens consumer data privacy rights that were originally created by the California Consumer Privacy Act (“CCPA”). The amendments to the CCPA implement a regulatory framework that is, in some respects, closer aligned with that of the European Union’s (“EU”) General Data Protection Regulation (“GDPR”). With the passage of these additional California State consumer data restrictions, businesses should work with a CPRA lawyer to help navigate their compliance obligations. Failure to do so may result in private rights of action and/or investigations by California’s State Attorney General.
What are the similarities between the CPRA and GDPR?
[Read More]The New CCPA has Passed in to Law. Now When Does it Take Effect?
Since 2018, businesses have been working diligently to hit the ever-moving target of California Consumer Privacy Act (“CCPA”) compliance. Just as the California Attorney General had begun CCPA enforcement, the State has now voted to approve Proposition 24, the California Privacy Rights Act (“CPRA”), to create what amounts to a new CCPA. Like the CCPA, the CPRA will go through a series of changes before its enforcement date. Notwithstanding the foregoing, businesses should begin to prepare for compliance implementation.
What is the CPRA timeline?
[Read More]I Received a CCPA Enforcement Notice! How do I Respond?
On July 1, 2020, the California State Attorney General (“AG”) began enforcement action against businesses that it believes have violated the California Consumer Privacy Act (“CCPA”). In anticipation of the July 1 deadline, it was unclear how the AG would prioritize CCPA enforcement. It was thought that the AG would target the largest businesses for CCPA violations in order to set an example for those companies (large and small) that meet the CCPA thresholds. In reality, the AG has shown no discretion with respect to CCPA enforcement and has sent notices of alleged violation to a large swath of businesses that it believes have not complied with the CCPA.
What do these notices allege and how should you respond to them?
[Read More]Voters Approve Amendment to CCPA Law
Californians took to the polls last week and decisively voted to approve Proposition 24, the California Privacy Rights Act, an amendment to the recently-enacted California Consumer Privacy Act (“CCPA”). The amendments to CCPA law are expected to strengthen protections to what is already the foremost data privacy law in the Country.
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