Written by Susan Kohn Ross and Lucy Holmes Plovnick One of the many challenges facing companies that do business on line is taking the steps necessary to make sure their website terms of service and privacy policies (and any other terms and conditions) are enforceable to the greatest extent possible in case of a dispute with their customers/users. There is no specific formula to follow, … Continue reading Are You Sure Your Website Terms and Conditions and Privacy Policy Are Enforceable? Maybe Not!
On March 11, 2020, the California Attorney General (CA AG) issued additional revisions to the proposed regulations implementing the California Consumer Privacy Act (CCPA). The CA AG published a redline against the earlier proposed regulations highlighting the latest changes. A copy can be found here. The latest modified draft regulations are subject to a public comment period which ends on March 27, 2020, at 5:00 p.m. (PDT). Information about where to submit comments can be found at the end of this Alert.
While many of the latest changes consist of technical corrections or clarifications, there are some significant modifications, all are effective on July 1, 2020. Below, we summarized the key changes: Continue reading “CCPA: More Regulatory Changes Proposed”
The California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. In October 2019, the California Attorney General (“CA AG”) published proposed regulations. In the lead up to January 1, 2020, the CA AG repeatedly made the point that those subject to the CCPA should plan for compliance with its broad principals by the first of the year, while admitting enforcement would not start until the regulations were final, meaning July 1, 2020. As part of this process, the CA AG advised he did not expect there to be significant changes to the regulations between October and July. However, upon receiving comments to those October proposed regulations, he changed his mind and on February 7, 2020 revised regulations were issued. A subsequent notice on February 10, 2020 corrected the earlier publication, which omitted certain updates.
To be clear, some of the changes were long awaited (such as what the “Do Not Sell My Personal Data” button looks like), while others were unexpected (such as the change to the training requirement by raising the level of records from four million to ten million). This Alert will summarize the key proposed changes. Continue reading “New Revisions to the CCPA”
When the law was signed by then Governor Brown (see our prior Alert here), the expectation was that Attorney General Becerra would issue the enabling regulations by July of this year, which would allow a phase-in period. Then by January 1, 2020, the requirements would be clear and companies would be able to properly formulate and implement their compliance policies. Regretfully, things are not going as expected.
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