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2022 is looking to be an unprecedented year for California companies’ privacy law obligations. The California Privacy Rights Act (CPRA) takes effect on January 1, 2023 with a twelve-month look-back that also applies to the personal data of employees and business contacts. The new California Privacy Protection Agency is preparing regulations that will sit on top of existing rules from the California Attorney General. Meanwhile, the California Legislature is enacting privacy laws even though it has not…

In brief On “Privacy Day” – California Attorney General Rob Bonta announced an investigative sweep targeted at the data collection practices of businesses running consumer loyalty programs in California and issued notices of non-compliance to a number of “major corporations” in the retail, home improvement, travel, and food services industries. Such loyalty programs offered financial incentives to consumers (e.g., discounts, free items, and other rewards) in exchange for their personal information. Under the California Consumer Privacy Act…

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change…

Colorado has joined the growing list of US states passing new comprehensive privacy laws by enacting the Colorado Privacy Act (the “CPA”). Governor Jared Polis signed the CPA into law on July 7, 2021, making it the third comprehensive state privacy law enacted in the US. With other states also considering proposals on comprehensive privacy legislation, CPA is another signal that companies must be prepared for more (not less) privacy regulatory risks. Like the California…

In brief The California Privacy Rights Act of 2020 (CPRA) introduces sweeping changes to the California Consumer Privacy Act of 2018 (CCPA), which already imposes an obligation on California employers to issue privacy notices to employees since January 1, 2020. These notices must be updated as soon as possible given the new law was certified on December 16, 2020. Most other CCPA obligations on employers remain deferred. Background on CPRA Key CPRA revisions include a new definition of “sensitive personal…

This book sets the standard for interpreting them In the United States, California leads the charge in developing privacy standards. That makes it imperative for anyone administering privacy policies to stay on top of the state’s ever-changing laws and guidelines. California Privacy Law, now in its newly updated fourth edition, provides businesses, attorneys, privacy officers and other professionals with the practical guidance and in-depth information to navigate theState’s strict policies. Originally posted on IAPP.org Click…

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…

As of January 1, 2020, companies around the world will have to comply with additional regulations related to processing of personal data of California residents. Pursuant to the California Consumer Privacy Act of 2018, companies have to observe restrictions on data monetization business models, accommodate rights to access, deletion, and porting of personal data, as well as issue or update privacy notices to provide detailed disclosures about data handling practices. For a general overview of…