On February 9, 2024, a California Court of Appeals vacated a June 2023 order delaying enforcement of the California Privacy Rights Act’s (CPRA) implementing regulations. It has been a long journey for the California Privacy Protection Agency (CPPA), which promulgated the regulations almost a year ago, on March 29, 2023. The CPPA planned to begin enforcement of the regulations as early as July 1, 2023, but last spring, the California Chamber of Commerce (Chamber) filed a lawsuit arguing for delayed enforcement. In June 2023, a California superior court ruled in favor of the Chamber, issuing an order delaying enforcement of the regulations until March 29, 2024.

Last week’s Court of Appeals’ decision may mean that enforcement could begin soon. It remains to be seen whether the Chamber will appeal this decision to California’s Supreme Court, or if the Supreme Court would grant certiorari to hear the case.

What is clear is that affected businesses should finalize plans for compliance with CPRA’s final regulations as soon as possible. Even if an appeal again kicks the deadline out until the end of March, enforcement is coming.