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Utah is poised to become the fourth state to enact comprehensive consumer privacy legislation, following California, Virginia, and Colorado. Earlier this month, Utah’s legislature passed the Utah Consumer Privacy Act (S.B. 227) (UCPA) with no opposing votes in both the Utah Senate and House of Representatives. The bill was sent to Utah Governor Spencer Cox on March 15, 2022 and the Governor has until March 24, 2022 to either sign or veto the bill, otherwise it will become law without his signature. If enacted, as is anticipated, the UCPA will become effective on December 31, 2023, six months after the Colorado Privacy Act (ColoPA) and nearly a year after the Virginia Consumer Data Protection Act (VCDPA) and California Privacy Rights Act (CPRA) come into effect.
Continue Reading Utah Poised to Become Fourth State with General Privacy Law

The California Privacy Protection Agency (CPPA), the newly formed state agency responsible for implementing the California Privacy Rights Act (CPRA), recently posted its first invitation for public comment on proposed rulemaking activities under the CPRA. Here is what you need to know:
Continue Reading California Privacy Protection Agency Issues Invitation for Preliminary Comments on Proposed Rulemaking Under the California Privacy Rights Act

Colorado may soon enter the national stage for its new privacy legislation. On June 8, 2021, Colorado’s legislature passed the Colorado Privacy Act (SB21-190) (ColoPA). The bill was recently sent to the Colorado governor’s desk, where he will have until July 8 to sign or veto the bill, otherwise it will become law without his signature. If Governor Jared Polis signs the bill or does not act on it (and assuming the act is not put to a referendum), Colorado will become the third U.S. state to enact comprehensive privacy legislation, after California and Virginia.
Continue Reading Colorado Becomes Third State to Pass New General Privacy Law

On June 4, 2021, the European Commission published its long awaited new set of Standard Contractual Clauses for outsourced data processing (DPA SCCs). These DPA SCCs are a contract template that organizations can use to comply with the General Data Protection Regulation’s (GDPR) rules on outsourced data processing.
Continue Reading EU Commission Publishes Template Data Processing Agreement

New Set of SCCs for Data Transfers to Third Countries

On June 4, 2021, the European Commission (EC) published its long awaited new set of Standard Contractual Clauses (New SCCs). This new data transfer mechanism allows for the transfers of personal data outside of the European Economic Area (EEA) and replaces the current Standard Contractual Clauses (current SCCs). The New SCCs take into account the European Court of Justice’s (CJEU) Schrems II ruling, which invalidated the EU-U.S. Privacy Shield and requires that data exporters and importers take measures to ensure that the SCCs are effectively complied with.
Continue Reading A New Data Transfer Mechanism Is Available for EU Personal Data

On September 23, 2018, Governor Jerry Brown signed into law SB-1121, a bill that makes several amendments to the California Consumer Privacy Act (CCPA or the Act). The controversial privacy law, which is set to take effect in 2020, recently sparked a war of words among industry, privacy advocates, and the California Attorney General, each of whom sent letters to the California legislature urging amendments to the legislation. The California Chamber of Commerce, along with 36 business coalitions (Industry), submitted a letter to California Senator Bill Dodd in August, calling the Act “unworkable,” urging both technical and substantive cleanup of the Act, and introducing 21 proposed amendments. A coalition of 20 consumer privacy advocate groups (Advocates) responded with their own letter, highlighting the negative consequences Industry’s proposed changes would have on consumer rights.

The Industry and Consumer Advocates did not wholly disagree. Both coalitions urge the legislature to make technical fixes, such as clarification that businesses do not have to collect extra information to comply with the Act, as well as clarification of the definition of de-identified information. The California Attorney General also weighed in with comments, requesting specific amendments and additional time to issue regulations. In response to the input from these various stakeholders, the legislature amended the Act on August 31, 2018 and sent it to the Governor’s desk. This article sets forth the principal issues discussed in the letters and the legislature’s response.
Continue Reading California Consumer Privacy Act: Industry, Advocate, and Enforcement Concerns and Legislative Amendments