On February 9, 2024, the California Third District Court of Appeals in Sacramento overturned a lower court order that postponed enforcement of the California Privacy Protection Agency’s (CPPA) newest rules. The decision restores the authority of the CPPA and California Attorney General to enforce the latest regulations under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA) (“updated CCPA regulations”).Continue Reading California Appeals Court Moves Up Enforcement Date for Latest CCPA Regulations

Significant New CCPA Compliance Requirements Likely on the Way

On August 29, 2023, the California Privacy Protection Agency (CPPA) posted discussion drafts of its forthcoming regulations on cybersecurity audits and risk assessments as part of the materials for its September 8, 2023, public board meeting. These draft regulations are expected to eventually become part of the CPPA’s second rulemaking package under the California Consumer Privacy Act (CCPA) since the CCPA’s amendment by the California Privacy Rights Act. The CPPA has not yet started its formal rulemaking process for cybersecurity audits and risk assessments, and it has made clear that these draft regulations are meant to facilitate CPPA Board discussion and public participation. Nevertheless, the obligations set forth in the draft rules are extensive and provide an initial window into the onerous new compliance requirements. Notable requirements put forth for discussion under the draft regulations include:Continue Reading CPPA Posts Draft Rules on Cybersecurity Audits and Risk Assessments

In a shocking turn of events, a Superior Court for the County of Sacramento issued a ruling on June 30, 2023, enjoining the enforcement of the California Privacy Protection Agency’s (the “Agency’s”) California Privacy Rights Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) regulations until one year after the regulations have been finalized. We previously issued an alert reminding businesses that the CPRA amendments to the CCPA become enforceable starting July 1, 2023, but, in accordance with the court’s ruling, the Agency’s recent modifications to the CCPA regulations to account for the CPRA’s changes to the CCPA now will not become enforceable until March 29, 2024. Per the court’s ruling, the prior CCPA regulations will remain in effect until the new regulations become enforceable.Continue Reading Sacramento Superior Court Delays Enforcement of CPRA Implementing Regulations

On January 27, 2023, the California Attorney General (California AG) Rob Bonta announced an “investigative sweep” of mobile apps in retail, travel, and food service industries for failing to provide a mechanism for—or honor—consumers’ opt-out

Continue Reading California AG Targets Mobile Apps for Failing to Honor or Provide Mechanism for Opt-Out Requests

On August 30, 2022, the California legislature passed the California Age-Appropriate Design Code Act (the Act). Modeled after the UK’s Age-Appropriate Design Code, California’s act drastically changes the landscape of online privacy and content availability for minors in California. The Act goes beyond the current federal protections of the Children’s Online Privacy Protection Act (COPPA) and could impose onerous new requirements on companies that were and were not previously covered by COPPA. These requirements include, among other things, estimating the ages of minors using the company’s online services; conducting detailed Data Protection Impact Assessments (DPIAs) for new and existing products; significantly restricting the collection, use, and sharing of minors’ personal information; and configuring default privacy settings to a “high level of privacy.” If the bill is signed into law by Governor Newsom, the Act would come into effect July 1, 2024.
Continue Reading California Legislature Passes Far-Reaching Online Privacy and Content Regulation Bill for Minors

On August 24, 2022, the California Attorney General (AG) announced the entry of a final judgment to resolve claims that makeup retailer Sephora violated the California Consumer Privacy Act (CCPA). Notably, this is the California AG’s first enforcement action resulting in a fine and settlement under the CCPA. The California AG alleged that Sephora violated the CCPA by failing to disclose that it was selling the personal information of California consumers through the use of third-party website advertising and analytics tools, failing to provide a “Do Not Sell My Personal Information” link for consumers to opt out of those sales, and failing to honor Global Privacy Control (GPC) signals as a means of opting out. As part of the relief, Sephora was ordered to pay a $1.2 million penalty and, among other things, implement a monitoring and reporting program to demonstrate its ongoing compliance with the CCPA.
Continue Reading California Attorney General Settles First-Ever CCPA Enforcement Action

On May 27, 2022, the California Privacy Protection Agency (CPPA) released a much-anticipated first draft of some of the anticipated regulations implementing the California Privacy Rights Act (CPRA).[1] The release accompanied the CPPA’s announcement of its next public meeting on June 8, 2022, where the agency will, among other agenda items, consider possible action regarding the draft regulations and the delegation of rulemaking authority functions to the CPPA’s executive director. Ahead of this meeting, on June 3, the CPPA released a draft Initial Statement of Reasons (ISOR) to accompany the draft regulations, which provides an explanation of the purpose and necessity of the draft regulations, along with an FAQ offering further information about the draft regulations and rulemaking process. While the formal CPRA rulemaking process has not yet officially begun, we expect to learn more about a potential schedule for the notice and comment period for the regulations at the CPPA’s June 8 meeting.

For a more high-level overview of the draft regulations’ key takeaways, please see our Wilson Sonsini Alert.
Continue Reading California Privacy Protection Agency Releases Draft CPRA Regulations – An In-Depth Analysis