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In California Privacy Law

Podcast Episode 17: CCPA Deep Dive: Looking Forward

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In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Lothar Determann, a partner in Baker McKenzie’s Palo Alto office. Lothar and Brian discuss the finalization of the California Consumer Privacy Act. You can expect to hear: Lothar’s predictions for timing and substance of the final CCPA regulationsAspects of the draft regulation that may pose issues as standsPotential new privacy legislation to come from California in the future https://open.spotify.com/episode/6DgZ1KgqBwVLrnN3ex105Y Related Resources…

In California Privacy Law

New Revisions to the CCPA Draft Implementing Regulations: Key Updates for Businesses

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On March 11, 2020, the California Attorney General released another set of revisions to the California Consumer Privacy Act (CCPA) draft implementing regulations. The regulations are not yet finalized (a public comment period for this most recent version is open until March 27, 2020), but below we highlight key changes and takeaways for businesses under the latest version of the regulations. Note that this round of revisions to the regulations largely consist of updates to…

In California Privacy Law

Will Private Litigants Be Able to Enforce the CCPA Compliance Provisions?

by and 1 Min Read

Now that the California Consumer Privacy Act is in effect, it is imperative to consider the potential litigation risks that many companies are likely to face as a result of the new law. While many commentators have analyzed the CCPA’s express private right of action for data breaches that occur in the absence of reasonable security measures, it’s important to note that class litigation may be used in an attempt to privately enforce the other…

In California Privacy Law

Revised CCPA Draft Implementing Regulations: What’s New for Businesses?

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On February 7, 2020, the California Attorney General released its revised draft implementing regulations for the California Consumer Privacy Act. The revised regulations are not yet final. The California AG will accept written comments regarding the updated regulations until 5:00 pm (PST) on Tuesday, February 25, 2020. The following is a high-level overview of the key new requirements under the updated regulations that are important for businesses to consider in connection with their CCPA compliance…

In California Privacy Law

Data Breach Notification Developments in California, Illinois, Oregon and Texas

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Along with changes brought by the CCPA, companies should be aware of other important privacy developments that went into effect in early 2020.  Notable changes to data breach notification laws in California, Illinois, Oregon, and Texas promise to have a significant impact on businesses experiencing security incidents and signal a movement towards stricter and more demanding requirements in this space.    California Amends Definition of Personal Information for Breach Notification         The definition of personal information…

In California Privacy Law

Podcast Episode 11: CCPA Deep Dive: Focus on Private Right of Action and Class Action Risk

by and 1 Min Read

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Teresa Michaud, a partner in Baker McKenzie’s Los Angeles office. Together they will discuss the possible private litigation that may arise as a result of the California Consumer Privacy Act (CCPA). Tune in to learn: What clients are calling “the scariest aspect” of the CCPAHow class action plaintiffs might bring suit outside of the data breach contextTeresa’s practical tips for how…

In California Privacy Law

California Data Broker Registrations: Who Made the List on January 31, 2020?

by 7 Mins Read

In the flurry of bills relating to the California Consumer Privacy Act (CCPA), the California Legislature also enacted a law requiring data brokers to register, following a similar (but not identical) law in Vermont (see, https://iapp.org/news/a/analysis-vermonts-data-broker-regulation/) and attention by Congress, the FTC and advocates to data brokers in prior years (https://iapp.org/news/a/ftc-calls-for-legislative-action-to-regulate-data-brokers/). California lawmakers placed the broker law right before CCPA in the California Civil Code and clarified in Cal. Civ. Code §1798.99.88 that “Nothing ……

In Data Privacy

Protecting the ‘Smart World’ Around Us: California’s ‘Internet of Things’ Law

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For many companies, January 1, 2020 became synonymous with the operative date of the California Consumer Privacy Act. However, manufacturers of Internet-connected devices must also keep in mind legislation that was signed into law on September 28, 2018 and became operative on January 1, 2020. This new law (2018 Cal. Legis. Serv. Ch. 886 (S.B. 327) (to be codified at Cal. Civ. Code § 1798.91.04(a)) (“IoT Law”) makes California the first state to specifically regulate…

In California Privacy Law

California Attorney General Publishes Proposed Regulations Implementing CCPA

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What does this mean for covered businesses? Two important privacy law developments took place last week in California. On 10 October 2019, the California Attorney General (AG) published its proposed regulations under the California Consumer Privacy Act (CCPA), and on 11 October 2019, Governor Gavin Newsom signed several bills that were passed in mid-September amending the CCPA (click here for a summary of those amendments). In this alert, we summarize some of the key requirements…

In California Privacy Law

CCPA Compliance Operation: Delivering Data Access via Accounts

by 16 Mins Read

Companies find the California Consumer Privacy Act much more prescriptive than most other privacy laws. It contains a multitude of definitions, defined terms, and technical drafting errors and ambiguities, and the state legislature is considering numerous amendments. One term that is used multiple times in the statute and not defined in the current version of the CCPA or any of the amendment bills is the term “account.” Therefore, businesses must develop a perspective on the…

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