CCPA

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When we speak to clients about online privacy issues, they almost always mention the CCPA – California’s Consumer Privacy Act that regulates the collection and use of personal data. But unless they have already faced a lawsuit, pre-suit demand, or arbitration demand, our clients rarely mention the other four-letter California statute that has been the source of significant litigation over the past few years.  And that’s CIPA – California’s Invasion of Privacy Act.Continue Reading CIPA: The “Other” California Privacy Statute You Should Be Worried About

California is a bellwether for privacy laws, which is why we’ve been watching carefully as recent events suggest that business-friendly interests may be gaining a foothold in what has historically been one of the most restrictive states in the country.  Since the landmark California Consumer Privacy Act (“CCPA”) went into effect in 2020, interest groups, regulators, and politicians have been battling to impact the future of the statute and related regulations.  Meanwhile, creative plaintiffs’ lawyers have turned their focus to the California Invasion of Privacy Act (“CIPA”) to argue that California’s eavesdropping statute also applies to online tracking technologies.  But recent developments related to both the CIPA and the CCPA may give businesses reason for hope.Continue Reading Is California cooling to privacy law run amok?

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Back in July, we shared some good news out of California when a state court judge ruled that the newest regulations under the California Consumer Privacy Act (“CCPA”) could not be enforced until March 2024.  But last week, the agency charged with enforcing the CCPA – the California Privacy Protection Agency (with the confusingly similar abbreviation of the “CPPA”) – won reversal of that opinion on appeal.  The ruling now gives the CPPA the authority to begin enforcing immediately the regulations that it enacted in March 2023.Continue Reading Delay Lifted in CCPA Regulations Enforcement

Companies that have been wrestling with exactly how to comply with the latest regulations under the California Consumer Privacy Act (“CCPA”) can breathe a sigh of relief after a California state court judge ruled last week that the newest regulations cannot be enforced until March 2024.  If you’re familiar with the changes to the CCPA, you know that regulators were supposed to have the accompanying regulations in place by July 2022, but failed to do so – in fact, the regulations were not final until March 29, 2023, nearly three months after the statutory effective date of January 1, 2023.  The California Privacy Protection Agency (“CPPA”) voluntarily extended the enforcement deadline to July 1, 2023, but even then, many companies were left scrambling until last Friday, when Judge James Arguelles of the Superior Court of California in Sacramento County entered an injunction barring enforcement of the regulations until March 2024.Continue Reading A Welcome Delay in CCPA Regulations Enforcement

Business man on laptopThanks to statutory amendments and regulatory changes, compliance with the California Consumer Privacy Act (“CCPA”) continues to be a moving target. As Vedder Price previously reported, the CCPA, effective January 1, 2020, gave consumers new tools and rights for protecting their data privacy.  In October 2020, the California Attorney General (“AG”) approved the “final” set of regulations interpreting the requirements of the CCPA, discussed here. Then in December 2020, the AG proposed some modifications to the regulations in response to comments about the previous set of proposed CCPA modifications.

Recently, on March 15, 2021, the AG announced that the Office of Administrative Law approved the AG’s proposed changes to the CCPA regulations. These newly approved regulations strengthen the language of the CCPA by making three changes relating to the right to opt out of sales and one change to authorized agent requests. Thus, companies that are focused on CCPA compliance should review these regulations with fresh eyes to make sure they are still compliant.Continue Reading CCPA Regulations Version 2.0 – Are you STILL compliant?

The European Union’s General Data Protection Regulation (“GDPR”) is well known as the toughest privacy and security law in the world, as it has a wide reach and imposes heavy fines against those who violate its privacy and security standards (which are quite broad). The impact of the GDPR has already been felt in the United States since it went into effect in 2018, and now U.S. lawmakers in numerous states are moving to enact similar legislations. The California Consumer Protection Act (“CCPA”) was the first instance of the GDPR’s impact in the United States, as California put in place a statute and regulations that mirrored the GDPR in several respects. Now Virginia has set in motion what could be a year-long string of states enacting similar legislation. In particular, Washington and New York have proposed legislation following the framework of the CCPA. This article will compare the CCPA to the newly enacted and proposed privacy laws in the United States.
Continue Reading GDPR in the USA? New State Legislation Is Making This Closer to Reality