California Enacts Sweeping New Privacy Law

by Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP

On June 28, 2018, California Gov. Jerry Brown signed into law the California Consumer Privacy Act (CCPA or “the Act”), which is the broadest and most comprehensive privacy law enacted in the United States to date.1 The CCPA will affect any organization collecting or storing data about California residents and may effectively set the floor for nationwide privacy protection, since organizations may not want to maintain two privacy frameworks — one for California residents and one for all other citizens. In general, the CCPA will give consumers more information and control over how their data is being used and requires companies to be more transparent in their handling of personal information.

Importantly, the CCPA does not go into effect until January 1, 2020. As discussed below, the California legislature passed CCPA fairly quickly to avert a proposed California ballot initiative in November 2018 that sought to impose even more stringent privacy regulations. Some have argued that the rush to pre-empt the November ballot left CCPA with ambiguities that will need to be resolved over time and that the Act, as currently drafted, may not be the final law that goes into effect.

The CCPA will affect any organization collecting or storing data about California residents and may effectively set the floor for nationwide privacy protection.

California has frequently been at the forefront of privacy regulation in the United States. In 2002, California was the first state to enact a security breach notification law, which became a model for similar laws passed by a number of other states. Similarly, in 2015, the state passed the California Online Privacy Protection Act (COPPA) and the Electronic Communications Privacy Act (ECPA).2 As with the security breach notification law, these two laws have served as model regulations emulated by other states.

Overview of the Law

The intent of the CCPA is to provide California consumers the right to: (1) know what personal information is being collected about them; (2) know whether their personal information is sold or disclosed and to whom; (3) prohibit the sale of their personal information; (4) access their personal information; and (5) receive equal service and price, even if they exercise their privacy rights.

Effective Date of the CCPA

The CCPA will not become effective until January 1, 2020. Until that time, the California attorney general will be responsible for issuing a number of different regulations and interpretations of the law. In addition, the California legislature is likely to pass a variety of technical corrections and clarifications of the law to address issues and ambiguities that have been raised by consumers and businesses.

Businesses and Information Subject to the Law

Covered Business Entities

The CCPA applies to entities that conduct business in California that either directly or indirectly control personal information collection, or that control or are controlled by such an entity and share common branding, and that meet one or more of the following criteria:

  • Have annual gross revenues in excess of $25 million, adjusted for inflation;
  • Derive 50 percent or more of their annual revenues from selling consumers’ personal information; or
  • Annually buy, receive for a commercial purpose, sell or share the personal information of 50,000 or more consumers, households or devices.

For the purposes of this summary, we refer to these as “Business Entities.”

Information Subject to the Law

The CCPA defines personal information broadly — far more broadly than, for example, various state laws on data breach notification. Under the CCPA, personal information means information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” The law goes on to give a number of different examples of personal information that is subject to the law, including:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number or other similar identifiers;
  • Information about a consumer’s physical characteristics or descriptions, education or any other financial, medical or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state or local government records;
  • Commercial information, including records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies;
  • Biometric information;
  • Internet or other electronic network activity information, including browsing history, search history and information regarding a consumer’s interaction with an internet website, application or advertisement;
  • Geolocation data;
  • Audio, electronic, visual, thermal, olfactory or similar information;
  • Professional or employment-related information;
  • Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act; and
  • Inferences drawn from any of the above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

Publicly available information is excepted from this definition, but that term is narrowly defined and appears to be limited to information that is available through government offices and not, for example, online through private services.

Personal information is not limited to information relating to a consumer but includes that relating to a “household” and thus could include such data as utility usage or delivery history. Further, despite the apparent narrowness of the term, the law does not limit a “consumer” to a purchaser of products or services but rather defines it to include any resident of California, whether or not there is any business relationship between the company and the individual or household.

The CCPA does not, however, apply to personal information subject to the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Driver’s Privacy Protection Act, or to medical information governed by California’s Confidentiality of Medical Information Act or the rules established under the Health Insurance Portability and Accountability Act (HIPAA).

Obligations for Business Entities Under CCPA


The CCPA requires Business Entities to disclose, upon request from a consumer, a significant amount of information about that consumer’s personal information, specifically:

  • The categories and particular pieces of personal information that are collected, sold or disclosed about a consumer;
  • The categories of sources from which that information is collected;
  • The business purposes for collecting or selling that information; and
  • The categories of third parties with which the information is shared.

The request must be a “verifiable consumer request” — a request made by the consumer or a representative of the consumer that can be reasonably verified by the Business Entity. The California attorney general is to promulgate regulations as to what is a verifiable consumer request.

In addition to responding to these specific requests, Business Entities must also make some information generally available. Specifically, they must make an online disclosure — including in their general privacy policy or any California-specific description of privacy rights — of certain information about the CCPA, including: (1) a description of the consumer’s rights under the Act; and (2) a list of categories of personal information collected, sold to a third party or disclosed for business purposes. Business Entities must update this disclosure at least annually.

Access and Portability

The CCPA allows consumers the right to access a copy of the specific pieces of personal information that a Business Entity has collected about that consumer. The Business Entity is to deliver this information “in a readily useable format that allows the consumer to transmit [the] information from one entity to another entity without hindrance.” In effect, this requirement gives consumers a data portability right since they can migrate their personal information from one service provider to another offering similar services.

The CCPA requires Business Entities to provide two or more designated methods to request a copy of this information. At a minimum, these must include a toll-free number and, if the business has a website, a website address.

Deletion Requests

Beyond disclosure, Business Entities must also honor a consumer’s verified request to delete their personal information. In honoring this request, the Business Entity must also direct service providers to delete information held on the Business Entity’s behalf. Business Entities may only refuse to delete such information under certain defined circumstances, some of which are relatively clear and some of which are not. Specifically, Business Entities may refuse to delete information if retaining the information is necessary in order to:

  • Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer or reasonably anticipated within the context of a business’ ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer;
  • Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for that activity;
  • Conduct debugging to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Comply with the criminal proceeding requirements under the California Electronic Communications Privacy Act pursuant to the California Penal Code;
  • Engage in public or peer-reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the Business Entity’s deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent;
  • Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business;
  • Comply with a legal obligation; or
  • Otherwise use the consumer’s personal information internally in a lawful manner that is compatible with the context in which the consumer provided the information.

In addition, if a verified consumer request is “manifestly unfounded or excessive” (including if it is repetitive), a Business Entity may either charge a reasonable fee for the deletion or refuse to act on the request and notify the consumer of the reason for refusing the request.

Right to Opt Out

Business Entities must also provide consumers the right to opt out of the sale of their personal information. This right must be made clear to the consumer through a clear and conspicuous link on the Business Entity’s homepage titled “Do Not Sell My Personal Information,” as well as a link to the relevant privacy policies. Business Entities, under the CCPA, must respect a consumer’s decision to opt out of the sale of their personal information for at least 12 months before requesting the consumer to reauthorize the sale of personal information. The CCPA provides for additional regulations for personal information of children under the age of 16, including a requirement that they (or their parent for children under 13) affirmatively opt in to the sale of their information.

No Discrimination

The CCPA forbids Business Entities from discriminating against consumers with respect to prices, scope of services or denial of services based on the consumer’s exercise of his or her rights under the CCPA. There are, however, some key exceptions to this prohibition that seem to undermine the prohibition itself.

First, the Business Entity may charge different prices or provide a different level of service if the difference is “reasonably related to the value provided to the consumer by the consumer’s data.”

Second, the Business Entity may offer financial incentives, including payments to consumers as compensation, for the collection of personal information, the sale of personal information or the deletion of personal information. It may also offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumer’s data. In either of these cases, the consumer must affirmatively opt in to these financial incentives, after receiving a notice that meets certain specific requirements.

Operational Changes

The CCPA also requires Business Entities to provide a privacy policy, which it must update at least every 12 months, describing:

  • The consumer’s rights under the CCPA, together with one or more methods for submitting requests;
  • A list of the categories of personal information it has collected about consumers in the preceding 12 months;
  • A list of the categories of personal information it has sold about consumers in the preceding 12 months; and
  • A list of the categories of personal information it has disclosed about consumers for a business purpose in the preceding 12 months.

Business Entities must ensure that all individuals who are responsible for handling consumer inquiries about their privacy practices or compliance are informed of the Business Entity’s obligations and how to direct consumers to exercise their rights under the CCPA.


With the exception of when there is a data breach (as discussed below), the CCPA does not provide for a private right of action. Instead, enforcement is by the California attorney general. Business Entities that do not cure a violation within 30 days of notice from the attorney general are subject to the following statutory damages:

  • Damages of up to $2,500 per violation for those violation(s) in which a Business Entity did not cure within the 30-day window; and/or
  • Damages of up to $7,500 per violation for those intentional violation(s) of the CCPA.

Note that it is not clear from the CCPA itself whether “per violation” means per record or per incident, so it is not clear whether a single incident involving 100 records would be subject to, for example, $2,500 in liability or $250,000 in liability. There is some evidence that the legislature intended the latter (specifically, in the Senate Floor Analysis, which refers to damages being applied per consumer per incident), but it is not conclusive.3

Consumers have a potential civil right of action against Business Entities if there has been unauthorized access and exfiltration, theft or disclosure of certain categories of nonencrypted or nonredacted personal information due to failure to implement reasonable security procedures and practices. Consumers may institute a civil action to do any of the following:

  • Recover damages in amount not less than $100 and not greater than $750 per consumer per incident or actual damages, whichever is greater;
  • Obtain injunctive or declaratory relief; or
  • Obtain any other relief the court deems proper.

If a consumer wishes to bring a private claim or class action for statutory damages, they must provide the Business Entity with 30 days’ written notice. If the Business Entity cures the breach within 30 days, it can avoid those damages. This notice is not required for a claim of actual damages. If the Business Entity does not cure the breach, consumers must notify the California attorney general, who must do one of the following within 30 days:

  • Notify the consumer of the attorney general’s intent to prosecute the violation (if the attorney general does not prosecute within six months, the consumer may proceed with the action);
  • Refrain from bringing an action (in which case the consumer can proceed immediately);
  • or Notify the consumer(s) that they may not proceed with the action.

It is not clear from the CCPA itself whether a decision by the attorney general to proceed with an action precludes the consumer from bringing a separate action, but that was likely the Act’s intent.

In the context of security breaches, personal information is defined more narrowly than for other provisions of the Act. For purposes of security breach provisions, personal information means a consumer’s first name or first initial and his or her last name and one of the following:

  • Social Security number;
  • Driver’s license number or California identification card number;
  • Account number, credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual’s financial account;
  • Medical information; or
  • Health insurance information.

It is not clear from the CCPA itself whether this right of action is intended to be limited to the typical security breach that is the subject of various data breach notification statutes. Conceivably, this right of action applies to more general failure to follow the Act’s requirements for notification and consent prior to a sale of personal information, or for deletion of personal information if that information is later made available to employees or third parties.

The CCPA also makes it far easier for consumers to sustain a data breach claim under the Act by not requiring that consumers make a showing of harm from the incident. The inability of consumers to establish any harm has, to date, resulted in the dismissal of many data breach cases for lack of standing.

Comparison With the GDPR

Many companies have recently completed internal revisions to their policies and procedures in order to comply with the European Union’s General Data Protection Regulation (GDPR), which took effect in May 2018. Now faced with the CCPA, many wonder whether compliance with GDPR will largely also satisfy compliance with the CCPA. Unfortunately, while there are some broad similarities between the two laws, compliance with one is not likely to result in compliance with the other.

Similar to the CCPA, the GDPR promises to strengthen data protection and privacy for individuals, and sets forth considerable penalties for companies that fail to comply. The GDPR and the CCPA also both seek to codify certain consumer rights, such as the deletion of personal information and data portability.

However, the CCPA and the GDPR are different in execution and with respect to some specific details:

  • The CCPA’s definition of personal information is more extensive than that in the GDPR;
  • The CCPA includes a variety of specific requirements that are not present in GDPR, such as specific disclosures and the use of certain communication channels (such as toll-free phone numbers);
  • The CCPA and GDPR have different approaches to the issue of personal information deletion, including arguably broader rights to request deletion under the CCPA and different exceptions under the two laws;
  • The CCPA also includes arguably broader rights to access personal information held by a Business Entity than does the GDPR and does not provide all of the exceptions available under the GDPR; and
  • The CCPA includes more stringent restrictions on sharing personal information for commercial purposes than does the GDPR.

Therefore, it is unlikely that compliance with the GDPR will necessarily result in compliance under the CCPA. Business Entities that are GDPR-compliant must carefully consider the particular rights, obligations and exceptions under the CCPA.

Key Takeaway: The Future Is Uncertain

The CCPA could become the most significant privacy law in the United States in terms of the rights offered to consumers and the impact it will have on many businesses. Due at least in part to the rushed circumstances in which it passed, however, it has been criticized for retaining ambiguities that will need to be resolved (such as the status of anonymized information) and for leaving for later some key details. It has also been criticized for the financial impact it will likely have on data-based business, especially if large numbers of consumers take advantage of the rights set forth in the CCPA.

Given that the law is not set to take into effect until January 1, 2020, it is likely the California Legislature may consider amendments in the coming months. In addition, the California attorney general has been tasked with developing some of the law’s more detailed requirements. Barring a fundamental revision to the law, however, the CCPA will require many businesses to significantly alter their policies and procedures with respect to how they handle personal information. As many companies learned when taking steps to comply with the GDPR, this can be a time-consuming process. In the coming weeks, companies should start proactively evaluating their privacy compliance programs and sketch out a road map for CCPA compliance by 2020.


1 The text of the CCPA is available here.

2 COPPA applies to an operator of a commercial website, online service or mobile application that collects personally identifiable information through the internet about individual consumers residing in California who use or visit its commercial website or online service. The ECPA strictly limits the ability of government authorities to seek electronic information for law enforcement purposes.

3 The Senate Floor Analysis is available here.

Download pdf

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.

© Skadden, Arps, Slate, Meagher & Flom LLP | Attorney Advertising

Written by:

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP 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.