In a potentially significant development for companies subject to the California Consumer Privacy Act, as amended (CCPA), on Feb. 9, California’s Third District Court of Appeal overturned a Superior Court decision issued in June 2023 that had stayed the enforcement of new CCPA regulations finalized by the California Privacy Protection Agency (CPPA), first-in-the-nation privacy regulator

Attorneys familiar with the European GDPR are acquainted with the bifurcation of the world into controllers and processors. For purposes of European data privacy, a “controller” refers to a company that either jointly or alone “determines the purposes and means” of how personal data will be processed.[1] A “processor” refers to a company (or

Following on the heels of a California Superior Court’s last minute ruling that stayed enforcement of the revised California Consumer Privacy Act (CCPA) regulations, as previously discussed on this blog, California’s data privacy regulators have responded in ways that confirm they are more committed than ever to holding businesses accountable for alleged violations

On June 30, 2023, the Superior Court for the County of Sacramento issued a minute order enjoining the California Privacy Protection Agency (CPPA or Agency) from enforcing updates to the existing CCPA regulations until March 29, 2024, twelve months after they were finalized.  However, the Agency’s enforcement of the CCPA,  as now amended by the California

It is important to always confirm and understand all the various requirements of laws applicable to the sensitive personal information being processed.
Continue Reading Processing Sensitive Personal Information under U.S. State Privacy Laws

All modern privacy statutes regulate when personal information can be shared with third parties, whether those third parties are service providers, vendors, contractors, or business partners. Most modern privacy statutes recognize, however, that privacy risks are reduced when the third party is related to the organization from which the data originates. As the following chart

Three months prior to the enforcement date of the California Consumer Privacy Act (CCPA), as amended, the California Office of Administrative Law approved the updated CCPA Regulations (final rulemaking documents will be posted here after processing). These updates take into account the CCPA’s expanded scope following its amendment by the California Privacy Rights

The CCPA states that a service provider must be contractually prohibited from “retaining, using, or disclosing the personal information [provided to it by a business] for any purpose other than for the business purposes specified in the contract for the business . . . .”[1] That prohibition, however, may not apply to information once

Three modern privacy statutes incorporate the concept that individuals should be able to broadcast a signal from their browser or device that directs an organization to cease providing their personal information to third parties for the purposes of targeted advertising.

The regulations implementing the CCPA, as amended by the CPRA, require organizations to process “opt-out