Executive Summary

The wait is over:  Only five CCPA amendments made it through the California legislature.  The amendments are limited in scope, which means the CCPA will go into effect, largely intact, on January 1, 2020.

The California legislative session for 2019 ended on September 13 and the following five amendments to the California Consumer Privacy Act (CCPA) were passed: AB 25, 874, 1146, 1355, and 1564. They now move to the Governor’s desk, where he has 30 days to sign or veto them.

We are seeing companies use many different approaches to the California Consumer Privacy Act (“CCPA”) compliance, but the “wait and see” approach in particular is not advisable.

Companies who want to “wait and see” point to the pending amendments to CCPA that are currently working through the California Senate (as we have previously described—see links below). Others point to the California Attorney General regulations that will be released in draft form in the next few months, which should provide some guidance to implementing CCPA.

Those statements are indeed accurate, as far as they go. However, they neglect the fact that most business cannot turn on a dime and do not have a robust grasp on the IT and business systems that collect and share personal information. Given that January 1, 2020 is almost upon us and July 2020 follows close behind, there simply will not be enough time once the amendments are passed and the guidance provided, to implement CCPA if you do not start now (or ideally, have started already).

On August 12, the California legislature returns after its summer recess. Starting with the Senate Appropriations Committee Hearing today, the legislature will now have approximately a month to continue the markups and send California Consumer Privacy Act (CCPA) amendments to the Governor’s desk for signature before the September 13 deadline.  As previously reported, any amendment that passes from the Senate will likely need to go back to the Assembly since many of them have been marked up significantly by the Senate. Below is a summary of the seven amendments that are moving forward and what they mean for businesses who are working on implementing a CCPA program.  Click here for our previous coverage of AB 25 (employee exception), AB 846 (customer loyalty program), and AB 1564 (consumer request methods).

In a 12-hour marathon hearing, the California Senate Judiciary Committee on July 9, 2019, debated, struck down, scaled back and put back on the negotiating table key amendments to the California Consumer Privacy Act (“CCPA”).

Read below to find out what happened to the much-anticipated “employee exception” bill, “customer loyalty program” bill, and the bill to remove the toll-free number requirement.

This is the Data Protection Report’s eleventh blog post in a series of CCPA blog posts. Stay tuned for additional posts on the CCPA.

As America prepares for the Fourth of July holiday weekend, the California legislature continues to work on amending the California Consumer Privacy Act (“CCPA”), as it races to get modifications passed through the state legislature before it adjourns for the 2019 calendar year. On June 28, one of those bills, AB 25, the “employee exception” bill was significantly amended by the Senate Judiciary Committee and appears to move forward, despite a recent political setback last month when the California Labor Federations announced its opposition. Three other proposed amendments are set for a hearing on July 9, including AB 1355, which will hopefully clean up several drafting errors. See below for a brief summary of the latest on “what’s cooking” in Sacramento.

The US privacy law landscape continues to shift and evolve as state and federal privacy legislative proposals continue to be debated and become enacted.

While CCPA-like bills in Washington and Texas failed to pass, Nevada passed its online privacy amendment and proposals in New York and Washington, DC appear to be gaining momentum.

This is the Data Protection Report’s ninth blog post in a series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA.

On May 16, 2019, the California Senate Appropriations Committee held a hearing that included S.B. 561, the “Attorney General amendment” to the California Consumer Privacy Act (“CCPA”). The bill is being held in committee and under submission, which means the bill has been blocked and is likely dead.

This is the Data Protection Report’s eighth blog post in series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA.

With significant enforcement activity and new laws being enacted or proposed since the start of the year, regulators in the EU and the US, several US states, and the US Congress are showing they mean business in terms of data privacy.

To help companies best protect consumer data and remediate enforcement risks, we provide below an overview of the following:

  1. two noteworthy recent EU and US regulator enforcement actions;
  2. changes in the US state data privacy law landscape, including the proposal from the California Attorney General’s Office to expand enforcement authority and class action litigation under the California Consumer Privacy Act; and
  3. US Congress’ consideration of a first-ever comprehensive US federal privacy law.

This is the Data Protection Report’s sixth post in a series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional CCPA posts.

The California Consumer Privacy Act of 2018 (“CCPA”), California’s new privacy law which takes effect on January 1, 2020, requires the Attorney General to adopt implementing regulations that further the objectives of the CCPA. Much concern has been raised about the law as currently written, including by Attorney General Xavier Becerra himself. With regulations set to be issued on or before July 1, 2020, the Attorney General’s Office will host six public forums to give key stakeholders an opportunity to provide feedback on the law and help shape the implementing regulations.