CCPA

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

2023 State Privacy Laws: How to Assess and Ensure Readiness by Year-end

Malcolm Dowden and Niloufar Massachi Discuss Vendor

We head into the fourth quarter on the heels of the first public California Consumer Privacy Act (CCPA) civil penalty, while also looking ahead to the new state privacy laws in Virginia, Colorado, Connecticut, and Utah and the significant updates that the California Privacy Rights Act (CPRA) will bring to the CCPA. Considering that regulations

In a CLE webinar earlier this week, Malcolm Dowden (Partner, London) and Niloufar Massachi (Associate, Los Angeles) discussed evaluating, drafting, and updating vendor agreements to meet the privacy and security requirements of new US privacy laws and the GDPR.

Continue Reading Malcolm Dowden and Niloufar Massachi Discuss Vendor Contracting Requirements Under New US Privacy Laws and the GDPR

In the absence of any progress at the federal level, states have taken matters into their own hands with the introduction of proposed consumer privacy legislation geared toward placing greater protections over consumers’ sensitive personal data. 2021 was a busy year for state legislatures, with both Virginia and Colorado enacting new consumer privacy statutes of their own. 2022 brought more of the same, with Utah and Connecticut adding their names to the growing list of states that now have laws on the books granting consumers extensive rights regarding the collection and use of their personal data while at the same time imposing wide-ranging obligations on companies that handle that same data.

Continue Reading CPW’s David Oberly Examines Recent Major Changes to Consumer Privacy Legal Landscape in Latest Issue of the Cincinnati Bar Association’s CBA Report Magazine

The California Consumer Privacy Act (CCPA) currently has limited carve-outs for personal information (PI) collected from a job applicant, employee, owner, director, officer, medical staff member, or independent contractor of a business acting in such capacity (including, without limitation, communications, emergency contact and benefits PI) (HR data). An even broader exception applies to B-to-B communications and related PI (e.g., vendor, supplier and business customer contacts and communications) (B-to-B data). As a result, businesses subject to the CCPA are not currently required to honor CCPA rights requests received from persons concerning HR data and B-to-B data. These carve-outs are set to sunset on January 1, 2023, when the California Privacy Rights Act (CPRA), which substantially amends the CCPA, goes into full effect, at which point HR data and B-to-B data will be fully subject to all of the requirements of the CCPA/CPRA. Many business administrators had hoped that either the California legislature would extend the HR data exceptions (or maybe even make them permanent), or a federal law that limited data subject rights to traditional consumers would pass and preempt CCPA/CPRA. It is now clear that the former is impossible and the latter is highly unlikely. Accordingly, many companies have a lot to do by year-end to prepare to stand up a CCPA/CPRA program for HR data and B-to-B data.

Continue Reading HR and B-to-B Data Compliance Deadline Looming – Legislative Efforts to Extend California Consumer Privacy Act Exemptions Fail

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Speaker Pelosi Expresses Concerns With Federal Privacy Bill’s Preemption Provision | Consumer Privacy World

The Cookie Crumbles – Lessons

On Thursday, House Speaker Nancy Pelosi expressed concerns with certain features of the American Data Privacy and Protection Act (“ADPPA”) and its broad preemption provision, which as currently drafted would override the California Consumer Privacy Act (“CCPA”) and its subsequent voter- approved amendments.  The ADPPA was favorably reported by the House Committee on Energy and

On August 24, 2022, California Attorney General Rob Bonta issued a press release announcing the first public settlement by the Office of the Attorney General (OAG) involving alleged violations of the CCPA. The settlement involves a judicial judgment, civil penalties and ongoing monitoring and reporting. The use of noncompliance letters to cajole companies into compliance over many months now appears to be a closed chapter in the CCPA saga. Season 2 promises more drama, more action and more money. Entertaining unless you are the next target!

Continue Reading The Cookie Crumbles – Lessons from First California Consumer Privacy Act (CCPA) Monetary Settlement

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

No Injury = No Article III Standing in Data Breach Class Action

Jury Finds Credit Reporting Agency Was “Reasonable”

SPB Partner Beth Goldstein also contributed to this post.

With the powerful Committee on Energy and Commerce having approved a comprehensive, bipartisan privacy bill by a vote of 53-2, the US House of Representatives is one step closer to approving historic privacy legislation after over a decade of debate. Before formally reporting the legislation to