California AG Revises Proposed CCPA Regulations

Fisher Phillips

Fisher Phillips

On February 10, 2020, the Attorney General issued revisions to the proposed regulations to the California Consumer Privacy Act (the CCPA) which were originally published in October of last year. While the Attorney General cannot bring an enforcement action until July 1, 2020, these revisions indicate that the office is gearing up to start bringing CCPA enforcement actions in July. Further, while employers won a brief reprieve for their employee and applicant personal information due to an amendment to the CCPA, it is important to remember that this reprieve only lasts until January 1, 2021. As the law currently stands, employers have only had to comply with a small portion of the CCPA for their employees and job applicants. However, absent an additional amendment, employers will be required to comply with the full-scope of the CCPA in less than a year. CCPA compliance takes time, and as the AG continues to revise and finalize the proposed regulations throughout the first half of 2020, employers need to take note and keep apprised of the changes and trends to ensure they will comply next January. The following outlines a sampling of the key changes made by the Attorney General to the proposed regulations: 

Employee & Applicant Personal Information and Notices

Preliminarily, it is important to note a new defined term included in these revisions, “employment-related information.” This term is defined to mean personal information collected by a business about its employees, job applicants, independent contractors, etc., and that the collection of this information, such as for employment benefits, shall be considered a business purpose for purposes of the CCPA.

The regulations also now include § 999.305(e), which clarifies that the CCPA amendment that immunized employers from certain aspects of the CCPA still in fact requires employees and applicants be notified of their personal information being collected. This lingering requirement, to provide employees and applicants with notice of the collection of their personal information, now has greater clarity under these revisions.

Perhaps most notably, this new provision clears up the question of whether an employer is required to provide a link to an online privacy policy to employees and applicants as a method of notice – an employer is not. The revisions now clarify that employers can provide notice of personal information collected to employees and job applicants in paper form or via email, rather than through an online privacy policy. Additionally, employers are now explicitly allowed to provide a link to an online privacy policy tailored to employee and applicant data, rather than the general online privacy policy which deals with consumers as a whole, which may not currently cover employee and applicant data.

Finally, this provision confirms that it will “become inoperative on January 1, 2021, unless the CCPA is amended otherwise.” This explicit revocation of a provision within the regulations indicates that employers need to be prepared to fully comply with these regulations for employment-related information, in the event the amendment to the CCPA is not extended or made permanent.

Overall, this new employment-related provision to the regulations, along with the new definitions, help clarify what your notice obligations are as an employer. Unfortunately, it also serves as an unwelcome reminder that come January 1, 2021, all other provisions of the CCPA will apply to employees and applicants absent a change to the law.    

General Provisions & Definitions

The major difference to the general provisions is a new section entitled “Guidance Regarding the Interpretation of CCPA Definitions.” This subsection adds guidance on whether information is considered personal information as defined by the CCPA. Specifically, whether information is considered personal information depends on whether the business maintains information in a manner that “identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household.”

While this is not necessarily a new concept to the CCPA, the provision now explicitly provides an example that explains a point of confusion and concern businesses have faced as they attempt to comply with the CCPA. Where a business collects IP addresses of website visitors but does not link the IP address to a consumer or household (and could not reasonably link the IP address to a consumer or household) that IP address will not be considered personal information. This is good news as almost all website cookies automatically collect IP addresses (and other information), but not all businesses connect, or are capable of connecting, those IP addresses to consumers. For those businesses, the collection of IP addresses will not need to be disclosed to consumers as a category of collected personal information. The IP address example illustrates that for a piece of data to classify as personal information, the business must link that piece of data to a specific consumer. 

Another addition to the general provisions adds clarifying language to the definitions of “Categories of sources” and “Categories of third parties.” As we already knew, these two categories have to be described within a CCPA disclosure or privacy policy. Under the revisions, each category now needs to be “described with enough particularity to provide consumers with a meaningful understanding” of the type of person, entity, or third party. This practically does not change much by way of CCPA compliance. However, it does require companies to ensure that their categories of sources and third parties are sufficiently described within their disclosures and privacy policies to ensure that a reasonable consumer can have a meaningful understanding of where information is being collected from and who it is being disclosed to. Come January 1, 2021, employers will likely need to include employment-related information within their privacy policies, and as such should start compiling a list of sources and third parties for employment-related information obtained from employees and applicants to make the transition smoother.

Notice to Consumers

For online notice to consumers, the revised regulations provide additional guidance for accessibility compliance to consumers with disabilities. The revisions give needed clarity, and now specify that online notices to consumers must follow the generally recognized industry standards, such as the Web Content Accessibility Guidelines, version 2.1 of June 5, 2018, from the World-Wide Consortium. While clarity is good, the lack of ambiguity now gives less room for interpretation and covered businesses must ensure their website and CCPA policies are accessible. 

The revisions also address a mobile application’s collection of personal information. Specifically, the revisions provide guidance that a business which collects personal information through a mobile application may provide a link to the notice on the mobile application’s download page and within the application, such as through the application’s settings menu. Further, when a business collects personal information from a consumer’s mobile device, for a purpose not reasonably expected by the consumer, the business must provide a “just-in-time notice” which summarizes the information being collected and provides a link to the full privacy page. 

These additions to the regulations will create added concerns and compliance steps for companies who widely use mobile applications. The “just-in-time notice” could require, for example, a new pop-up when a consumer opens their mobile application. What will constitute a consumer’s “reasonable expectations” is not defined and thus, business should err on the side of providing the “just-in-time” notice, rather than assuming a consumer reasonably expects you are collecting certain types of personal information from them. Finally, employers who use mobile applications within their employment practices, for example as the method their employees clock-in and clock-out, should also consider what notice obligations they may have when the full CCPA requirements kick-in for employees and applicants. 

Finally, a bit of good news within the realm of providing notice to consumers, employees, and job applicants. Previously, the regulations stated that a business could not use a consumer’s personal information for any purpose other than those disclosed within the notice without issuing a new/updated notice. However, that language has been tweaked a bit to only prevent the use for a purpose “materially different” than those disclosed within the notice. This change could be helpful moving forward as companies struggle to consistently roll-out changes to their notices to consumers, as well as their notices to employees. Now, those changes are not required unless a new purpose used by the company is materially different than what has previously been disclosed.

Privacy Policy

While previously the regulations simply indicated that a privacy policy must explain how a consumer can designate an authorized agent, the regulations now require that a privacy policy “[p]rovide instructions on how an authorized agent can make a request” under the CCPA on behalf of a consumer. This will require careful tailoring of your privacy policy. Even if you already have a CCPA privacy policy online and active, it is worth taking a second look at it to ensure that you not only described the authorized agent process, but in fact provided instructions on how an authorized agent can go about making a consumer request.

Methods for Submitting Requests to Know & Requests to Delete

Another bit of a reprieve for some covered business – the regulations now only require certain businesses to provide an email address for consumer requests to know, rather than the prior requirement of two or more designated methods (a toll-free number and interactive web form). However, take note that this one-method email option only applies to a business that (a) operates exclusively online and (b) has direct relationships with the consumers they collect personal information from. If your business falls within those confines, establishing compliance for CCPA consumer requests just got easier.

Service Providers

The revised regulations also provide some needed clarity on obligations of a service provider. Moving forward, a service provider who receives a consumer request, can either (a) act on behalf of the business in responding to requests or (b) inform the consumer that it cannot act upon the request because the request should have been made to the company, not the service provider.  This means that service provider agreements and addenda should specify a service providers’ specific obligations upon receipt of a request, either (a) or (b), depending on the type of service provider and nature of their agreement with the company. For example, if a service provider used by a covered business does not have the ability to delete personal information, then the agreement with a service provider should require them to inform the consumer they cannot act upon the request.


Finally, the non-discrimination provisions of the AG’s regulations saw significant additions this month. Specifically, in the prior version of the regulations, a business is permitted to offer a financial incentive or price or service difference only if it is reasonably related to the value of the consumer’s data. The revisions take this a step further, requiring that where “a business is unable to calculate a good-faith estimate of the value of the consumer’s data or cannot show that the financial incentive or price or service difference is reasonably related to the value of the consumer’s data, that business shall not offer the financial incentive or price or service difference.”

This places an obligation to specifically calculate an estimation of a consumer’s data, or show a reasonable relation, otherwise the company cannot offer financial incentive or price or service differences. This will come into play significantly with loyalty and rewards programs. For example, where a grocery store offers a loyalty program (coupons) when a consumer provides their phone number, a consumer cannot lose the right to those coupons if they request their phone number be deleted, absent the company demonstrating that the value of the coupons is reasonably related to the value of the consumer date (the phone number) to the business or calculating an estimation of the worth of the phone number.

In preparation for the AG’s ability to bring CCPA enforcement actions, covered businesses need to stay up to date on the proposed regulations, especially once they are finalized sometime in the next few months. All of the February changes to the proposed regulations can be found here:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fisher Phillips | Attorney Advertising

Written by:

Fisher Phillips

Fisher Phillips on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.