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Tag Archives: CaCPA

Posted in Data Protection & Privacy

Now Available: Webinar – Operationalizing the California Consumer Privacy Act – Key Decisions and Compliance Strategies

We have extensively covered the California Consumer Privacy Act, the first U.S. law comprehensively regulating the collection, use, and disclosure of general consumers’ personal information in the U.S.  This important legislation poses significant compliance challenges for organizations that engage with residents of California, the world’s fifth largest economy. On June 19, 2019, Hogan Lovells partners Mark Brennan and Bret Cohen discussed in great detail the impact of the law, explained key definitions, and offered practical guidance on how to navigate it during the webinar, “Operationalizing the California Consumer Privacy Act.” More

Posted in Policy & Regulation Photo of Mark BrennanPhoto of Julian Flamant

CCPA Amendments Advance through California Assembly

A number of legislative proposals seeking to amend the California Consumer Privacy Act (CCPA) are moving forward following an April 23 hearing before the California Assembly’s Committee on Privacy and Consumer Protection in which the bills were approved. The bills will now advance to the Assembly’s Appropriations Committee before being voted on by the full Assembly and potentially advancing to the California Senate for consideration.

Posted in Policy & Regulation Photo of Mark BrennanPhoto of Julian Flamant

Efforts to Expand CCPA’s Private Right of Action Remain in Question

The California legislature is considering significant amendments to the California Consumer Privacy Act (CCPA) ahead of the law’s January 1, 2020 implementation date. Of particular note has been the potential for CCPA amendments to expand the private right of action beyond violations of businesses’ duty to implement and maintain reasonable security procedures to instead cover violations of any CCPA right. Recent developments in the California Assembly and Senate may preview whether California businesses and consumers should expect an expanded private right of action: On April 10, The CCPA amendments bill

Posted in Policy & Regulation Photo of Bret CohenPhoto of Julian FlamantPhoto of Greg FerenbachPhoto of Ray LiPhoto of Filippo Raso

Beyond FERPA: The California Consumer Privacy Act’s New Rules for Privacy in the Education Sector

In June of 2018, California passed the California Consumer Privacy Act (CCPA), which seeks to give consumers additional safeguards regarding their personal information. The CCPA will become effective January of 2020 and may impact companies in the education sector, including the larger education technology companies. While the CCPA does not apply to nonprofit educational institutions, it may apply to certain for-profit educational institutions, third-party service providers, and others in the education space. If an educational entity meets the threshold requirements below or it processes information on behalf of such an

Posted in Data Protection & Privacy, Policy & Regulation Photo of Timothy TobinPhoto of Harriet PearsonPhoto of Mark BrennanPhoto of Bret Cohen

California DoJ Sets March 8 Deadline for CCPA Pre-Rulemaking Comments

The California Department of Justice has announced a March 8, 2019 deadline for submitting written pre-rulemaking comments on the California Consumer Privacy Act (CCPA). The March 8 deadline is an extension from the previously set end-of-February deadline. Pursuant to section 1798.185(a) of the CCPA, the California Attorney General (AG) is obligated to solicit broad public participation and adopt regulations to further the purposes of the CCPA. The CCPA sets out seven specific areas for AG rulemaking: Updating as needed the categories of personal information expressly enumerated in the definition of

Posted in Data Protection & Privacy Photo of Timothy Tobin

California Consumer Privacy Act: The Challenge Ahead – CCPA and Employee Data

This is the seventh installment in Hogan Lovells’ series on the California Consumer Privacy Act. The application of the California Consumer Protection Act of 2018 (“CCPA”) to employee data has been the subject of much debate since the first version of the bill was introduced on June 21, 2018 (just days prior to its enactment on June 28). Under a plain language reading of the CCPA, the law likely applies to employee data. However, it is unclear whether the California legislature intended that result. There is no clarity to be

Posted in Data Protection & Privacy

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations for Health and Life Sciences Companies

This is the sixth installment in Hogan Lovells’ series on the California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences companies.  Managing the interaction of these new requirements with existing obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Confidentiality of Medical Information Act (CMIA), and other health privacy laws will continue to be an area of focus in the health privacy community for years to come. We describe below these issues

Posted in Data Protection & Privacy

California Consumer Privacy Act: The Challenge Ahead – Consumer Litigation and the CCPA: What to Expect

This is the fourth installment in Hogan Lovells’ series on the California Consumer Privacy Act This post discusses litigation exposure that businesses collecting personal information about California consumers should consider in the wake of the California Legislature’s passage of the California Consumer Privacy Act of 2018 (CCPA). For several years, the plaintiffs’ bar increasingly has relied on statutes like the Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq., and the Customer Records Act, Cal. Civ. Code § 1798.81, et seq., to support individual and classwide actions

Posted in Cybersecurity, Data Protection & Privacy Photo of Mark BrennanPhoto of W. James Denvil

California Consumer Privacy Act: the Challenge Ahead – Data Mapping and the CCPA

This is the third installment in Hogan Lovells’ series on the California Consumer Privacy Act. What personal information do you have about California consumers and households? The California Consumer Privacy Act of 2018 (“CCPA”) provides a series of new compliance obligations and operational challenges for companies doing business in California. A vital first step for any company subject to the CCPA and looking to forge a practical path forward is to inventory the personal information (“PI”) that the company collects, stores, and shares with others. As part of our ongoing

Posted in Cybersecurity, Data Protection & Privacy Photo of Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Key Terms in the CCPA

This is the second installment in Hogan Lovells’ series on the California Consumer Privacy Act. Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. Legislative history can speak volumes about those word choices, and the unique legislative history of the California Consumer Privacy Act of 2018 (CCPA) only highlights the importance of understanding the terms used in the act.

Posted in Cybersecurity, Data Protection & Privacy Photo of Harriet PearsonPhoto of Edith Ramirez

California Consumer Privacy Act: The Challenge Ahead – Introduction to Hogan Lovells’Blog Series

Groundbreaking. Watershed. Unprecedented. We have heard the California Consumer Privacy Act of 2018 (CCPA) called all these things and more since its enactment on June 28, ‌2018. Our experience to date has confirmed the compliance challenge ahead for organizations that engage with the residents of the world’s fifth-largest economy. We will explore the ramifications for businesses of this seminal legislation in this multi-part series, The Challenge Ahead, authored by members of Hogan Lovells’ CCPA team. Each post will provide analysis of key legal issues implicated by the CCPA along with practical takeaways.