California Privacy Update: How the CPRA Will Impact You

ArentFox Schiff

Arent Fox

The California Privacy Rights and Enforcement Act (CPRA) has qualified for the November 3, 2020 ballot, according to a recent update by the California Secretary of State’s office.

Key Details

  • CPRA qualifies for the November ballot a week before California's Attorney General begins enforcement of the California Consumer Privacy Act (CCPA).
  • CPRA builds on CCPA’s framework by creating additional rights for consumers and further compliance obligations for businesses.
  • Polling from Californians for Consumer Privacy shows CPRA will overwhelmingly be voted into law.

4 Ways CPRA Is Different From CCPA

  1. A new California Privacy Protection Agency would be in charge of rulemaking and enforcing the law instead of the California AG’s office.
  2. CPRA provides consumers with the right to opt-out of sharing their data with third-parties.
  3. CRPA has a broader private right of action for data breaches.
  4. Under CPRA businesses must inform consumers if they have been “profiling” them using automated processes.

How We Can Help

  • Companies should start preparing in advance for the likely passage of CPRA in November.

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.

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