No.

The European GDPR does not use the term “service provider” and, instead, refers to “processors.” While processors within the GDPR are defined in a similar manner to service providers under the CCPA, the GDPR is far more proscriptive regarding the contractual terms that must be present in a processor agreement. Specifically, the GDPR requires

Greenberg Traurig invites you to join us for an informative discussion on the recently enacted Proposition 24, the California Privacy Rights Act (CPRA), and how it builds on the compliance issues created by the California Consumer Privacy Act (CCPA).

Thursday, Jan. 14, 2021
10:00 – 10:30 a.m. MST / 12:00 – 12:30 p.m. EST

During

The CCPA requires that a business include 15 specific disclosures in its privacy policy. These include, for example, disclosures relating to the enumerated categories of personal information that the business collects, the categories of personal information that are shared with service providers or other third parties, and consumers’ ability to request access to and deletion

It depends.

If a written contract between a law firm and its client (e.g., an engagement letter) prohibits the law firm from using, retaining, and disclosing personal information except to the extent permitted by the client, the law firm may be a “service provider” under the CCPA.  The CPRA amended the CCPA’s definition of service

Marginally.

Section 1798.150 of the CCPA permits consumers to “institute a civil action” if consumer “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to unauthorized access and exfiltration, theft, or disclosure,” and where that unauthorized access was “a result of the business’s violation” of a

Deidentified information is defined within the CCPA to mean “information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, provided that a business that uses deidentified information:

  1. Has implemented technical safeguards that prohibit reidentification of the consumer to whom the information

Yes.

The CPRA adds “sensitive personal information”[1] to the examples of data types that may constitute personal information. The term “sensitive personal information” is itself defined within the CPRA to include 20 data fields. Some, but not all, of these data fields already existed in the CCPA, and their inclusion with the personal information

The CCPA requires that a service provider agree to three substantive restrictions involving the retention, use, and disclosure of personal information.  The CPRA ostensibly expands upon the three substantive contractual restrictions by referring to nine additional provisions that should be included within a service provider agreement.  The following chart compares the substantive service provider contractual

It depends.

The CPRA ostensibly expanded the three substantive contractual restrictions identified in the CCPA by referring to nine additional provisions that should be included within a service provider agreement by January 1, 2023.  Many of the new requirements, however, may be redundant of, or subsumed within, contractual provisions that were put in place to

It depends.

The CPRA ostensibly expanded the three substantive contractual restrictions identified in the CCPA by referring to nine additional provisions that should be included within a service provider agreement by January 1, 2023.  Many of the new requirements, however, may be redundant of, or subsumed within, contractual provisions that were put in place to