10/16/19

Client Alert: CCPA Amendments Update

Related Practices

Attorneys & Professionals

Last Friday, California Governor Gavin Newsom signed several last-minute amendments to the California Consumer Privacy Act (CCPA). While many businesses have taken a “wait and see” approach to the CCPA, the law is highly unlikely to be amended before its effective date of January 1, 2020 as the California Legislature will not reconvene until 2020. While many believed the CCPA would undergo seismic legislative changes before its effective date, the law has largely remained intact. This final wave of amendments represents a mixed bag of pro-consumer and pro-business changes:  

AB 25: Employment Information Temporarily Excluded from Consumer Information Requirements

AB 874: Publically Available Information, Deidentified, and Aggregate Information Expressly Excluded from “Personal Information”

AB 1202: Data Brokers Required to Register with the Attorney General

AB 1130: Expands the Categories of Personal Information Which Trigger Data Breach Notifications

AB 1146: Vehicle and Ownership Data Exempted from the CCPA

AB 1355: General Housekeeping Amendment

AB 1564: Changes to Methods for Submitting Consumer Requests

While these amendments may not provide the clarity many businesses were hoping for, Attorney General Xavier Becerra has released draft regulations for the CCPA which answer some of the lingering questions surrounding the CCPA. Collectively, these amendments and the draft regulations clarify the law, but do not substantially alter compliance obligations under the law.   As we have highlighted in past client alerts, setting up the necessary CCPA compliance framework is a time-consuming and often challenging task. As the law is now in final form, businesses subject to the CCPA should immediately begin compliance efforts if they have not done so already.

For questions on these amendments, the CCPA, or privacy laws in general, please contact John Landolfi, Chris Ingram, Chris LaRocco, or your Vorys attorney.