On November 27, 2023, the California Privacy Protection Agency (CPPA) published proposed Automated Decision-Making Rules to be discussed by the CCPA board at its upcoming meeting on December 8, 2023. While the proposed rules...more
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the CPPA has not officially started the formal...more
9/8/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Financial Services Industry ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the Agency has not officially started the formal...more
9/6/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
California continues to be at vanguard of data privacy rights. The latest effort by California legislators to protect consumer privacy rights focuses on data brokers, who under the proposed California Senate Bill 362, aka...more
8/23/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Brokers ,
Data Privacy ,
Do Not Sell ,
Fair Credit Reporting Act (FCRA) ,
Opt-Outs ,
Personal Information ,
Right to Delete ,
Third-Party
Shortly before the July Fourth holiday, the California Superior Court issued an important, but subtly complex ruling that pushes back the date when the California Privacy Protection Agency (CPPA) may begin enforcing the...more
In a surprising development, the California Privacy Protection Agency (CPPA) published proposed amendments to the CCPA regulations recently. The proposed amendments were initially made public in a package of materials to be...more
The California Privacy Protection Agency (“CPPA”) scheduled a Board Meeting for June 8th, in which it will be discussing and possibly taking action with regard to the much anticipated CPRA enforcing regulations. To...more
The California AG recently released its first Opinion interpreting the California Consumer Privacy Act (CCPA), highlighting a brewing conflict over the inferences that businesses generate about their consumers. This Opinion...more
2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening...more
California continues to be at the vanguard of privacy protection. On October 11, 2021 California’s Governor Newsom signed several bills addressing privacy and data security. These new laws go into effect January 1, 2022 and...more
With a little over a year of enforcing the California Consumer Privacy Act (CCPA) under its belt, the Office of the California Attorney General (OAG) recently held a press conference to announce updates on its CCPA...more
Over the past four years, U.S. companies have been forced to expand their compliance programs to comply with an expanding array of international and U.S. state privacy laws. The wave of privacy laws began in May 2018, when...more
On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against Marriott...more
The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”)....more
On November 4, 2020, California voters approved of the ballot initiative Proposition 24, more commonly known as the California Privacy Rights Act (the “CPRA”). The CPRA goes into effect on January 1, 2023, and will expand...more
The Regulations to the California Consumer Privacy Act (CCPA) continue to evolve, in confusing fashion. As background, the AG’s Office had previously issued proposed Regulations to the CCPA in October 2019. The AG’s Office...more
10/14/2020
/ Amended Regulation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Information Governance ,
Office of Administrative Law ,
Opt-Outs ,
Personal Information ,
Privacy Policy ,
State Attorneys General
On August 14, 2020, the California Office of Administrative Law (“OAL”) approved in part and withdrew in part the Regulations regarding the California Consumer Privacy Act (“CCPA”). While most of the changes are...more
While businesses are busy finalizing CCPA preparations, a new privacy initiative in California called the California Privacy Rights Act (CPRA) may be headed to the November 2020 ballot....more
5/13/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government
Businesses subject to the California Consumer Privacy Act (“CCPA”) that have begun exploring the possibility of collecting data from visitors to their facilities to track potential coronavirus exposure and to allow/deny entry...more
In the midst of a global pandemic, readers may have overlooked the recent issuance by the California Office of Attorney General (OAG) of a second set of modifications to the California Consumer Privacy Act (CCPA) regulations....more
3/18/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Public Comment ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
On Friday, February 7, 2020, the California Attorney General’s (AG) Office released modified regulations to the California Consumer Privacy Act (CCPA). The modified regulations incorporate amendments to the CCPA signed into...more
2/11/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
Welcome to our latest edition of Retail Rap. From influencer marketing to launching a startup and ensuring digital advertising complies with the latest regulations, retail issues are making news—and presenting legal...more
11/21/2019
/ Advertising ,
Brand ,
California Consumer Privacy Act (CCPA) ,
Cookies ,
Cybersecurity ,
Data Protection ,
Distributors ,
E-Commerce ,
Emerging Growth Companies ,
Entrepreneurs ,
Fashion Industry ,
Influencers ,
Internet Retailers ,
Manufacturers ,
Online Advertisements ,
Online Platforms ,
Personal Data ,
Retail Market ,
Retailers ,
Startups ,
Targeted Digital Advertising ,
Venture Capital ,
Web Tracking
Have you ever looked at a product online and realized it was following you around the internet? Have you ever visited a different website and seen the item you were just thinking about purchasing? These friendly reminders are...more
11/15/2019
/ Advertising ,
Browser History ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cookies ,
Data Sellers ,
E-Commerce ,
General Data Protection Regulation (GDPR) ,
Internet Retailers ,
Online Advertisements ,
Opt-Outs ,
Privacy Laws ,
Regulatory Requirements ,
Retail Tracking ,
Unique Device Identifiers
For businesses, one of the more worrisome scenarios under the CCPA occurs when they mistakenly provide personal information of a consumer to the wrong party in response to a consumer request, whether because of fraud or...more
10/22/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Request For Information ,
Rulemaking Process ,
State and Local Government ,
Two-Step Verification ,
Verification Requirements
To the surprise of some, the proposed CCPA Regulations issued last Thursday don’t address many of the well-discussed ambiguities under the law (such as what “valuable consideration” means in the context of a sale of personal...more
10/18/2019
/ Attestation Requirements ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government