Tag Archives: CCPA

CCPA Compliance Meets Trade Secret Protection: A Peaceful Coexistence?

Since the California Consumer Privacy Act (CCPA) went live on January 1, 2020, businesses have been working to develop procedures for lawfully complying with requests from California consumers relating to their personal information. Such requests may provoke a vexing question for which there currently is no definitive answer in the CCPA: What is the business … Continue Reading

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April 23, 2020: Marketing, Promoting and Pricing Your Products During the Pandemic For some companies, the COVID-19 pandemic has meant trying to cope with flying-off-the-shelf demand; for others, it has meant retail shutdowns, force majeure and trying to find creative new ways to keep sales afloat. For all of us, it has been a time … Continue Reading

Ad Industry Split on Cookies and CCPA

Owners of websites and mobile applications that utilize cookies and other tracking technologies, e.g., pixels, app SDKs (tracking technologies), for interest-based advertising and other activities inherently share data across the digital ecosystem and will have to address these activities as part of their greater California Consumer Privacy Act (CCPA) compliance approach. In particular, the CCPA’s … Continue Reading

California AG Press Release Emphasizes CCPA’s Jan. 1 Effective Date and Data Broker Registry, Provides No Update on Draft Regulations

On Jan. 6, 2020, the California attorney general (AG) released a CCPA advisory press release and reiterated what we already know – that “businesses subject to CCPA [are] required to begin complying with the law on January 1, 2020” and that California residents are afforded new data privacy rights under the CCPA. Unfortunately, the advisory did not provide any details … Continue Reading

Is the CCPA’s Private Right of Action Provision Retroactive?

With the California Consumer Privacy Act (CCPA) – the strictest privacy law in the nation – now in effect, an important question for businesses to consider is whether it applies to conduct that occurred prior to the law’s effective date of Jan. 1. This question is particularly relevant to the private right of action section … Continue Reading

Words Matter: Interpreting the CCPA’s Private-Right-of-Action Provision

Subject to certain exceptions, the California Consumer Privacy Act (CCPA) provides a private right of action to “[a]ny consumer whose nonencrypted and nonredacted personal information … is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’s violation of the duty to implement and maintain reasonable security procedures and … Continue Reading

CCPA Notice Requirements for Statutory Damages

Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes compromised. Specifically, under the California Consumer Protection Act (CCPA), any California consumer whose nonencrypted or nonredacted personal information is subject to unauthorized access and exfiltration, … Continue Reading

BakerHostetler Comments on Draft CCPA Regulations

The California attorney general (the AG) has concluded the first round of public comments on the proposed regulations that would serve to interpret and implement California’s sweeping new privacy law, the California Consumer Privacy Act (the CCPA). After just under two months since the release of the proposed regulations (the Regs) by the AG and … Continue Reading

Record-Keeping and Training Requirements in the Proposed Regulations for the CCPA

The California Consumer Privacy Act (CCPA), California Civil Code §1798.100 and following, does not in itself outline specific training and record-keeping requirements that demonstrate business compliance with consumer requests. However, in October 2019, the California attorney general proposed additional CCPA Regulations intended to guide the application of the CCPA, and Section 999.317 of the proposed … Continue Reading

Refine CCPA Compliance Plan with the Regulations in Mind

We previously announced the publication of the first set of proposed regulations that will implement the California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020. Partner Alan Friel has authored an article published by OneTrust DataGuidance that details how the proposed regulations – and a half dozen amendments to the CCPA that … Continue Reading

IAB Releases Draft CCPA Compliance Framework for Digital Advertising Industry

The Interactive Advertising Bureau (IAB) publicly released its draft CCPA Compliance Framework for Publishers and Technology Companies (“Framework”) on Oct. 22, 2019. As we reported here, the Framework is being developed by the IAB and the IAB Tech Lab to address the challenges of the CCPA’s Do Not Sell obligation as it relates to interest-based … Continue Reading

A Balancing Act: A Brief Overview of California Privacy Laws

The California Consumer Privacy Act (“CCPA”) takes effect on January 1, 2020. The CCPA aims to provide consumers with an unprecedented array of rights concerning the control of their personal information and, correspondingly, imposes an unprecedented array of obligations upon businesses concerning consumers’ personal information. These obligations are not without limitation, however; the CCPA strives … Continue Reading

CCPA Amendments Signed into Law by California Governor

On Friday, October 11, 2019, California’s governor signed into law each of the six CCPA amendment bills passed by the legislature, bringing some finality and clarity to the scope of the CCPA (at least with respect to details which will not be affected by the attorney general’s regulations). In addition to signing into law A.B. … Continue Reading

CCPA Regs: “This is the meat on the bones….”

“Data is today’s gold. Everyone is rushing to mine data. Here in California, we are not unfamiliar with gold rushes… [in fact,][w]e are better than Captain Kirk and the Enterprise. We are going [with the CCPA regulations] to where no one has gone before! [A]nd it’s going to be a great series, maybe they will … Continue Reading

IAB Previews Solution for Interest-Based Advertising and CCPA ‘Do Not Sell’ Right

On September 17, 2019, numerous stakeholders in the digital advertising industry, including publishers, advertisers/brands, AdTech companies, and law firms (including numerous representatives from BakerHostetler) convened at the Interactive Advertising Bureau’s (IAB) headquarters in New York for a preview of its CCPA Industry Compliance Framework. Throughout the course of 2019, IAB has solicited input from a … Continue Reading

CCPA Exceptions: What Qualifies as Activity ‘Wholly Outside’ of California?

Much has been said about the scope of the California Consumer Privacy Act (CCPA) and the far-reaching implications the law will have on businesses throughout the United States. Although it is true that the territorial reach of the law is broad, it is not without limits. The CCPA explicitly includes a geographic exception that may … Continue Reading

Summer Is Over – It’s CCPA and NV Crunch Time

It is less than 120 days until California’s ground-shifting new privacy regimen – the California Consumer Privacy Act (CCPA) – goes into effect. There is only a week left for the Legislature to pass the handful of amendment bills that still survive, and we should have the attorney general’s proposed regulations published for public comment within … Continue Reading

Attempt to Expand CCPA Private Right of Action Fails, While Bills Exempting Employee Data and Otherwise Refining CCPA Advance

Over the past several weeks, the California State Assembly has voted in favor of advancing to the California Senate bills that would narrow the reach of the California Consumer Privacy Act (CCPA). Senate bills did not fare as well and have died. Two of the CCPA amendment bills moving forward have the potential to greatly … Continue Reading

Ad and Publishing Industries Confront CCPA Challenges While Congress Considers Privacy

The California Consumer Privacy Act (CCPA), effective Jan. 1, 2020, will require more privacy transparency and choice for consumers than they have ever had under U.S. law, but its approach to providing consumers with the right to opt out of a sale of their personal information threatens to disrupt the third-party digital advertising ecosystem. Most … Continue Reading

California Assembly Privacy Committee Votes in Favor of Advancing CCPA Amendments

Last Tuesday, the California Assembly’s Committee on Privacy and Consumer Protection (Assembly Privacy Committee), which has jurisdiction over matters related to privacy, the protection of personal information and information technology, held a committee hearing in which it voted in favor of advancing eight industry-backed bills that would amend the California Consumer Privacy Act (CCPA), set … Continue Reading
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