CCPA Update: California AG Says Final Regulations Unlikely To Have Major Changes

Husch Blackwell LLP

Keypoint: Those hoping that the final CCPA regulations will clarify its requirements may be disappointed. 

According to an article in Bloomberg Law, California Attorney General Becerra does not anticipate his office making substantial changes to the regulations as proposed when it issues the final regulations.

The AG’s office published the proposed regulations on October 10, 2019. The AG’s office held public hearings on the proposed regulations in early December, and the deadline for written comments passed on December 6. In past reports, the AG’s office signaled that they will move swiftly to issue the final regulations.

The CCPA goes into effect on January 1, 2019, but the AG’s office cannot enforce the statute until July 1, 2020. Nonetheless, Attorney General Becerra told Bloomberg Law that enforcement actions can cover activities in the first six months of 2020.

Commentators pointed out numerous areas of ambiguity with the proposed regulations during the hearing and comment period. However, at this point, it is unclear how much the AG’s office will do to address those concerns. In the interim, best efforts should be made to comply with the proposed regulations by January 1. This will come as little comfort to businesses that are struggling with operationalizing the CCPA and regulations in light of its lack of specificity and clarity on numerous topics.

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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