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California Privacy Law

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Many digital advertising arrangements that companies commonly use may qualify as “selling” or “sharing for cross context behavioral advertising” personal information under the California Consumer Privacy Act (CCPA) in California and laws in a few other US states (Nevada, Virginia, Colorado, Connecticut, Utah). Businesses state in their online privacy disclosures whether they sold or shared personal information in the last 12 months and whether they will sell or share personal information. Businesses that “sell” or…

Companies around the world have to comply with the Virginia Consumer Data Protection Act (VCDPA) with respect to personal data of consumers in Virginia. With the VCDPA, Virginia follows the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA) but excludes employee and business representative data from its scope. Businesses that have implemented measures to comply with the CCPA can leverage some of their existing vendor contract terms, website…

In less than two months, on January 1, 2023, the California Consumer Privacy Act (CCPA) as revised by the California Privacy Rights Act (CPRA) will take effect fully in the job applicant and employment context. And with respect to job applicants and personnel, businesses subject to the CCPA will be required to (i) issue further revised privacy notices, (ii) be ready to respond to data subject requests, (iii) have determined if they sell or share…

Businesses that have implemented measures to comply with the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (“CCPA”) can leverage some of their existing vendor contract terms, website disclosures and data subject rights response processes to satisfy requirements under the Colorado Privacy Act (“CPA”). However, the CPA, and the recently published proposed CPA Rules, (located here), contain certain unique and prescriptive requirements that may warrant taking a…

This week, the California Privacy Protection Agency (“CPPA”) released modified proposed regulations (“Modified Regulations”) for compliance with the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), and an explanation of the proposed changes, ahead of its upcoming Board Meetings. It is expected that the CPPA will discuss, and possibly adopt or modify further, the Modified Regulations during the CPPA Board Meetings which are scheduled for October 21-22 and October 28-29, 2022.…

Overview On September 23, 2022, the California Privacy Protection Agency (CPPA), in an open meeting, invited the public to listen in and provide comments on the agency’s current agenda. This five-hour meeting was facilitated by Chairperson Jennifer Urban. Based on the comments aired in the meeting, the public and other stakeholders (such as the business community) seemed interested in updates about the delayed California Privacy Rights Act (CPRA) regulations (originally expected in July 2022) and…

Businesses that have implemented compliance measures to comply with the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (“CCPA”) can leverage existing compliance mechanisms designed to comply with the CCPA to satisfy requirements under the Utah Consumer Privacy Act (“UCPA”), which will become operative on December 31, 2023. Most companies will not need to expand the scope of their CCPA-focused privacy notices to cover Utah residents exactly…

California recently enacted the California Age-Appropriate Design Code Act (“Act”) with the stated intention of requiring businesses to consider the best interests of minors under the age of 18 when designing, developing and providing online services. If your business currently offers online services that are likely to be accessed by minors in California, you should consider starting to prepare Data Protection Impact Assessments in accordance with the Act as soon as possible because the law…

Businesses that have implemented compliance measures to comply with the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (“CCPA”) can leverage existing vendor contract terms, website disclosures and data subject right processes to satisfy requirements under Nevada’s Revised Statutes Chapter 603A (www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-603A.html). Most companies will not need to expand the scope of CCPA-focused privacy notices, because the Nevada laws are much more narrowly framed. But, companies may…

In brief The California Privacy Rights Act of 2020 (CPRA) amended the California Consumer Privacy Act of 2018 (CCPA) with most changes taking effect on 1 January 2023 with a twelve-month look-back. Limited exceptions concerning the personal data of employees and business contacts will expire. The new California Privacy Protection Agency (CPPA) has published draft regulations that will, once finalized, expand on the rules in the statute and existing regulations from the California Attorney General. The CPPA is…