On October 10, 2019, the California attorney general’s office released the long-awaited proposed regulations to the California Consumer Privacy Act (CCPA), which can be found here. The regulations are detailed and cover a lot of ground with respect to notice to consumers, handling and verifying consumer requests, rules regarding minors, and non-discrimination.
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On Friday the 13th of September 2019—the last day of California’s Legislative Session—California lawmakers updated, finalized and sent six bills that would amend the California Consumer Privacy Act (CCPA) to Governor Newsom’s desk for signature. Despite months of efforts from various groups, the CCPA made it through the legislative session with relatively fewer changes than

The CCPA grants consumers the right to request deletion of any personal information which a business has collected from the consumer. Cal. Civ. Code § 1798.105. It also requires a business to fulfill deletion requests, and to direct service providers to do the same, within 45 days of receiving a “verified” or “verifiable” request from the consumer. Cal. Civ. Code § 1798.140(y).

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As we approach the California Consumer Privacy Act’s (CCPA) effective date of January 1, 2020, brick-and-mortar businesses that increasingly engage with consumers online will have to begin their compliance efforts. However, two challenges unique to brick-and-mortar businesses might hamper these efforts: (1) providing required disclosures to consumers before or at the point of data collection; and (2) knowing your data in a multi-channel environment.

The CCPA requires businesses to give consumers notice of their rights and/or data collection practices on three separate occasions: (1) in the online privacy policy [section 1798.130(a)(5)]; (2) “at or before the point of collection” [section 1798.100(b)]; and (3) in response to a verifiable consumer request. The later business obligation is straight forward. But providing privacy notices at or before the point of collection might be challenging for brick-and-mortar businesses.


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Is your business ready for the California Consumer Privacy Act?

The California Consumer Privacy Act (“CCPA”) is a sweeping new law that introduces a host of privacy rights for California consumers, as well as creates a series of robust obligations for certain businesses that collect personal information about those consumers.

Join us for CCPA Week: A series of webinars hosted by Perkins Coie’s Privacy & Data Security practice focused on getting your business ready to comply with this enigmatic statutory scheme. Attendees will receive an overview of the current state of legislative amendments, insight into the high burden of persuasion industries may face, and guidance on leveraging existing compliance and governance programs to build a global privacy program that incorporates responsible data usage and proactive privacy practices.
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The California Consumer Privacy Act (CCPA) imposes new transparency and disclosure obligations on businesses’ use, sale, and disclosure of consumer information. Businesses will need to honor requests from consumers to access their personal information, delete their personal information, and opt out of the sale of their personal information. “Personal information” is more broadly described in the CCPA than in any prior statute: that is, “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

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At the core of complying with the CCPA is knowing how to deal with consumer’s requests with respect to any of the eight rights regarding their personal information (PI), which are:

  1. An abbreviated right to disclosure regarding PI collected (§1798.100)
  2. An expanded right to disclosure regarding PI collected (§1798.110(a))
  3. Right to disclosure regarding PI sold or disclosed for a business purpose (§1798.115)
  4. Right to opt-out of sale of PI (§1798.120)
  5. Right to opt-in for sale of minor’s PI (§1798.120(c))
  6. Right to deletion of PI collected (§1798.105)
  7. Right to access PI (§1798.100(d))
  8. Right to not be discriminated against (§1798.125)


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Does your company use chatbots to interact with customers online? If so, California’s new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001) goes into effect July 1, 2019 and may affect your business. As the nation’s first autobot regulation, SB 1001 makes it unlawful “to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election.”

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A business that is subject to the CCPA will need to update its consumer-facing online privacy policy. At a bare minimum, a privacy policy (and any California-specific privacy disclosure) must disclose:

  • A description of a consumer’s right to disclosure regarding the personal information (“PI”) that the business has collected about the consumer, a consumer’s right to disclosure regarding the business’s sale of her or his PI, and a consumer’s right not to be discriminated against for exercising any rights under the CCPA [Cal. Civ. Code §1798.130(a)(5)(A)];
  • Categories of PI collected, sold, or disclosed in the preceding 12 months [Cal. Civ. Code §1798.130(a)(5)(B)&(C)]; and
  • Two or more designated methods for submitting consumer requests, including a toll-free number and a website address [Cal. Civ. Code §1798.130(a)(1)].


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On April 9, 2019, the California Senate Judiciary committee voted to advance SB 561, which would expand the private right of action to any violation of the CCPA (not just for negligent breaches) and would eliminate a business’s 30-day right to cure. (Video available here.) During the hearing, several senators expressed serious concerns with the bill as currently drafted and made clear they expect to see changes to the bill or will not vote to move the bill forward. The bill will next be heard by the appropriations committee, followed by a Senate floor vote, before it moves on to the House.
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