CALIFORNIA ATTORNEY GENERAL FINALIZES CCPA REGULATIONS
September 8, 2020
On August 14, 2020, California Attorney General Xavier Becerra announced that the Office of Administrative Law (OAL) had approved the final California Consumer Privacy Act (CCPA) regulations. This means that the CCPA regulations have been fully implemented and enforcement for noncompliance will begin immediately.
The following key compliance provisions are now in effect: i) Notice requirements, including website privacy notices, point of collection notices, notice of right to opt-out of sale, and notice of financial incentives, if applicable; and ii) Consumer requests requirements, including ensuring that the business implement an compliant intake process and act promptly on such requests, and maintaining proper records of the consumer requests and the business’ responses.
Notably, the final CCPA regulations do not contain requirements that: i) businesses obtain consumers’ explicit consent before using their personal information for any new business purpose; ii) businesses tell offline or in-store customers of their option to opt-out through paper notices or signs directing them to a website policy; and iii) a business’ methods for submitting the request to opt-out must be easy to execute or require minimal steps. Additionally, businesses can no longer deny a request from a customer’s agent who does not offer proof they are authorized by that customer.
If you have any questions regarding whether the CCPA applies to your operations, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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