Many modern data privacy statutes are designed to encourage compliance by permitting organizations to cure an alleged violation of the statute prior to a regulatory enforcement action. The ability to cure may have been included in recognition of the fact that modern data privacy statutes impose obligations that may be foreign to many organizations (i.e., new obligations that are not consistent with prior state laws), and statutory ambiguities may result in situations in which organizations are surprised by how a regulator might interpret a statute. A cure period permits an organization to decide whether to align its practices to a regulator’s interpretation, or to challenge the regulator’s interpretation in court. The following chart provides a breakdown of the cure provisions offered by the modern privacy statutes:
| Guaranteed cure period. Organizations are provided a period in which to cure alleged violations. | Length of guaranteed cure period. Length of time within which a company may cure an alleged violation. | Discretionary cure period. Regulator has discretion to provide a cure period. | Length of discretionary cure period. Length of time within which a company may cure an alleged violation. | |
|
California 2022 CCPA |
✔[1] (Sunsets on January 1, 2023 per CPRA) |
30 days after being notified of alleged non-compliance. [6] | N/A | N/A |
|
California 2023 CPRA |
✘
|
✘ | ✔[11] | None specified. [13] |
|
Colorado 2023 CPA |
✔[2] (Sunsets January 1, 2025) |
60 days after being notified of alleged non-compliance. [7]
|
None expressly specified, however, within prosecutor’s discretion. | None specified. |
|
Conn. 2023 CTDPA |
✔[3] (Sunsets January 1, 2025) |
60 days after being notified of alleged non-compliance. [8]
|
✔[12] | None specified. |
|
Utah 2023 UCPA |
✔[4] (No sunset) |
30 days after being notified of alleged non-compliance.[9] | N/A | N/A |
|
Virginia 2023 VCDPA |
✔[5] (No sunset) |
30 days after being notified of alleged non-compliance.[10] | N/A | N/A |
1 Cal. Civ. Code 1798.155(b) (West 2020).
2 C.R.S. 6-1-1311(d) (2022).
3 Connecticut Substitute Bill No. 6, § 11 (2022).
4 Utah Code Ann. 13-61-402 (2022).
5 Va. Code 59.1-579(B) (2022).
6 Cal. Civ. Code 1798.155(b) (West 2020).
7 C.R.S. 6-1-1311(d) (2022).
8 Connecticut Substitute Bill No. 6, § 11 (2022).
9 Utah Code Ann. 13-61-402 (2022).
10 Va. Code 59.1-579(B) (2022).
11 Cal. Civ. Code 1798.199.45(a) (West 2021).
12 Connecticut Substitute Bill No. 6, § 11 (2022).
13 Cal. Civ. Code 1798.199.45(a) (West 2021).