CCPA Regulations Finally Approved, Effective Immediately

Sheppard Mullin Richter & Hampton LLP

The California AG has now released the final CCPA regulations, as approved by the Office of Administrative Law (OAL). The final draft (issued August 14, 2020) incorporates some relatively minor changes that the OAG submitted as part of its final rulemaking package, as summarized in its addendum to the final statement of reasons. In addition to generally “non-substantive” edits for consistency, etc. the OAG withdrew four sections (999.305(a)(5), 999.306(b)(2), 999.315(c), and 999.326(c)) from OAL review.

For those organizations that have concluded that they are “selling” information as that term is defined under CCPA, there are two changes of consequence to note. First, is the removal of the short-form option (e.g., “Do Not Sell My Info”) that the regulations had previously permitted. Now, the regulations align with the statute (1798.135(a)(1)), which requires that any “do not sell” link be entitled “Do Not Sell My Personal Information.” (999.306(b)(1) and 999.315(a)). Second, the OAL removed 999.306(b)(2), which previously required that those businesses substantially interacting with consumers offline provide notice of right to opt-out via an offline method.

Putting it Into Practice. Organizations are reminded that in addition to the statute (effective January 1), the regulations are now also effective. The regulations added substantial color to how to process and handle individual rights; and we expect to see additional AG enforcement in this area.

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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