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Data & Privacy Law

I Received a CCPA Enforcement Notice! How do I Respond?

by David Klein

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?

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Voters Approve Amendment to CCPA Law

by David Klein

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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Thinking of Creating a Mobile App Game? Read this Cautionary Tale

by David Klein

Producing gaming applications has proven to be a successful business model that, when done correctly, can grow beyond the games themselves into movies, merchandise and more. However, when corners are cut, lawsuits and regulatory problems can keep a good idea from reaching its commercial potential. Prior to launch, developers should consult with a gaming attorney to understand the legal issues that are involved when entering the mobile app game space.

What should developers be aware of when creating mobile app games?

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CCPA Opt-Out Changed?

by David Klein

On October 12, 2020, the California Department of Justice released a third set of proposed modifications to the California Consumer Privacy Act (“CCPA”) regulations. The CCPA regulations had been approved by the California Office of Administrative Law (“OAL”) and made effective on August 14, 2020. This third set of modifications provides additional clarification on: 1) CCPA opt-out methods; 2) authorized agent requests; and 3) privacy policy disclosures of businesses selling the personal information of consumers under sixteen (16) years of age. Please note that the California Department of Justice will accept written comments on the proposed changes until Wednesday, October 28, 2020, at 5:00 P.M.

What are the details of the proposed modifications?

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CCPA Amendment Passes, Creating New HIPAA-related Exceptions

by David Klein

On September 25, 2020, California Governor Gavin Newsom signed AB 713 (the “Amendment”) into law, amending the California Consumer Privacy Act (“CCPA”) to implement exceptions related to consumer health data. Specifically, the CCPA amendment addresses inconsistencies between data protection afforded under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the CCPA, respectively. The Amendment took effect on September 30, 2020. 

What does the CCPA Amendment cover?

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App Law and Future Changes to iOS Privacy

by David Klein

Apple’s forthcoming iPhone operating system, iOS 14, will overhaul how apps and advertisers disclose their privacy practices to consumers. Critically, apps will soon need their users to provide opt-in consent to the sharing of advertising identifiers. These changes are not only significant due to the size of Apple’s user base, but also because Apple’s practices may well shape the development of privacy and app law across the country.  

What Changes Should Advertisers Expect?

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Refresher Course on California Anti-Spam Law

by David Klein

Recently, much has been written about the newly-enacted California Consumer Privacy Protection Act (“CCPA”). With all the attention (rightfully) being given to the CCPA, we wanted to remind readers that the CCPA is merely one of several consumer privacy laws currently on the books in the state of California. The California Anti-Spam Law, codified at Section 17529 of the California Business and Professions Code, although less discussed, is still a very important statute and can result in large fines for unwary email marketers. 

What does the California Anti-Spam Law Prohibit?

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CCPA 2.0 on California’s November Ballot

by David Klein

Although it feels just like yesterday that the California Consumer Privacy Act (“CCPA”) went into effect (it was January 1, 2020), California may be at it again. After securing 931,000 signatures from California State residents, the privacy-right activist group, Californians for Consumer Privacy, has qualified yet another privacy bill for the November 3, 2020 ballot. The California Privacy Rights Act (“CPRA”), which some are calling CCPA 2.0, would expand the privacy rights of Californians with enforcement set to begin on January 1, 2023.

What is CCPA 2.0?

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