Clients should keep in mind that the enforcement delay of the California Consumer Privacy Act of 2018 (the CCPA), effective January 1, 2020, ended on July 1, 2020. Accordingly, the California Attorney General is expected to begin CCPA enforcement activity this month. As a reminder, the CCPA applies to for-profit entities that (i) collect the personal information of California residents; (ii) determine the purposes and means of processing that information; (iii) do business in California; and, among other potential triggers; (iv) have annual gross revenues in excess of an inflation-adjusted amount of $25 million. To the extent that the CCPA applies and some CCPA compliance measures have not yet been implemented, businesses should now complete their implementation of such compliance measures at the earliest possible opportunity. 

Other CCPA developments and dates that businesses should keep in mind are as follows:

• The California Attorney General has submitted final draft regulations to California’s Office of Administrative Law. Those regulations have not yet been implemented, despite the attorney general’s request for expedited review. However, businesses should expect that the regulations, which can be viewed here, will be implemented in the very near future. 

• As discussed in a prior update, the CCPA exceptions for business-to-business information and personnel information, which reduce some CCPA compliance burdens, become inoperative on January 1, 2021. It remains to be seen whether these exceptions will be extended in some manner, so compliance obligations may shift again at the beginning of 2021. 
• For businesses subject to the CCPA, compliance obligations could undergo further substantial shifts in the relatively near future. The California Privacy Rights Act, which would significantly expand the CCPA’s existing requirements if enacted, has reportedly obtained enough signatures to appear on the November 2020 ballot in California. If this Act is enacted, CCPA-related data privacy requirements will remain a moving target for the foreseeable future.