Enforcement of CCPA Regulations Delayed Until March 2024

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The California Privacy Protection Agency was enjoined by a California Superior Court from enforcing CCPA regulations until one year after their enactment

The final regulations implementing the California Privacy Rights Act of 2020 (CPRA) were set to go into effect on July 1, 2023. However, the Sacramento County Superior Court issued a ruling enjoining the California Privacy Protection Agency (CPPA) from enforcing the regulations until one year after their enactment. This means the current slate of regulations under the California Consumer Privacy Act of 2018 (CCPA), as amended by the CPRA, will not become enforceable until March 29, 2024.

Background on Lawsuit

In March 2023, the California Chamber of Commerce (the Chamber) filed a lawsuit against the newly created CPPA. The Chamber's suit sought to enjoin the state agency from bringing any enforcement actions under the CCPA regulations because the CPRA's implementing regulations were not finalized until March 29, 2023, approximately eight months later than the statutory timeline set forth in the CCPA. The Chamber argued that the CPPA failed to provide businesses with the requisite 12-month grace period, as stipulated in the CPRA, to come into compliance.

The Superior Court agreed with the Chamber's rationale and issued the aforementioned ruling enjoining enforcement of the regulations until March 2024.

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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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