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Voters in California approved Proposition 24, which updates the California Consumer Privacy Act (“CCPA”) just a few months after the landmark regulations implementing the privacy law went into effect.  As we have previously explained, the California Privacy Rights Act (“CPRA”) will change the existing CCPA requirements in a number of ways, including limiting the sharing of personal information for cross-context behavioral advertising and the use of “sensitive” personal information, as well as creating a new correction right.  It also establishes a new agency to enforce California privacy law.  The key provisions of the bill will not go into effect until January 1, 2023, providing much-needed time to clarify the details and for businesses to adjust their CCPA compliance approaches to account for the additional requirements.

Continue Reading Californians Approve Ballot Initiative Modifying the California Consumer Privacy Act

Two developments in the past week will likely have a significant impact on businesses subject to the California Consumer Privacy Act (“CCPA”): the long-awaited CCPA regulations have been finalized and put into immediate effect with modifications, while at the same time it seems increasingly likely that the exemptions for employees’ and business-to-business contacts’ data will be extended beyond January 2021.
Continue Reading Final CCPA Regulations Take Effect With Modification; Extension of Employee and Business-to-Business Exemptions Advances

On July 17, 2020, the High-Level Expert Group on Artificial Intelligence set up by the European Commission (“AI HLEG”) published The Assessment List for Trustworthy Artificial Intelligence (“Assessment List”). The purpose of the Assessment List is to help companies identify the risks of AI systems they develop, deploy or procure, and implement appropriate measures to mitigate those risks.

The Assessment List is not mandatory, and there isn’t yet a self-certification scheme or other formal framework built around it that would enable companies to signal their adherence to it.  The AI HLEG notes that the Assessment List should be used flexibly; organizations can add or ignore elements as they see fit, taking into consideration the sector in which they operate. As we’ve discussed in our previous blog post here, the European Commission is currently developing policies and legislative proposals relating to trustworthy AI, and it is possible that the Assessment List may influence the Commission’s thinking on how organizations should operationalize requirements relating to this topic.
Continue Reading AI Update: EU High-Level Working Group Publishes Self Assessment for Trustworthy AI

On May 5th, 2020, the California Assembly Committee on Privacy and Consumer Protection held a hearing and considered AB 2811, a bill that would amend existing California law governing automatic renewals.  As currently drafted, AB 2811 would:

  • require businesses to provide 3-7 days’ notice explaining how to cancel an automatic renewal offer or continuous service offer if the consumer accepted (1) a free gift or trial that lasts for a predetermined period of time as part of an automatic renewal or continuous service offer, or (2) the consumer accepted an automatic renewal or continuous service offer at a discounted price, and the applicability of that price was limited to a predetermined amount of time; and
  • require businesses that permit consumers to accept automatic renewal or continuous service offers online to immediately terminate that service online.


Continue Reading AB 2811: The Future of Automatic Renewals in California

 On May 4th, 2020, Californians for Consumer Privacy confirmed that they had submitted hundreds of thousands more signatures than required to qualify for a ballot initiative. It is still yet unknown whether the Attorney General will qualify the ballot for the November 2020 election, let alone whether it would pass. If the initiative passes, it will be noteworthy for a number of reasons.
Continue Reading CCPA 2.0 And Where We Go From Here

In the latest development in the CCPA saga, the California Attorney General has further modified the draft regulations implementing the California Consumer Privacy Act (“CCPA”). His office’s website posted clean and redlined versions of the new regulations (the “March draft regulations”). Below, please find a summary of some of the most notable changes:
Continue Reading California AG Releases Draft CCPA Regulations: Round 3

The California Attorney General has released both clean and redlined versions of proposed modifications to the draft implementing regulations for the California Consumer Privacy Act (“CCPA”). Below is a high-level overview of some key changes:

  1. Service Providers. The modified draft restricts a service provider from processing the personal information it receives from a business except

While some state legislators are still putting away their holiday decorations, New Hampshire legislators introduced new data privacy legislation, New Hampshire House Bill 1680.  The legislation is similar to the California Consumer Privacy Act (which we’ve written extensively about before, including here and here).  It grants consumers access, portability, transparency, non-discrimination, deletion, and opt-out-of-sale rights (or opt-into-sale rights for minor consumers) with respect to their personal information.

Notably, NH HB 1680 does not reflect several of the amendments which partially mitigated the constitutional and operational concerns raised by the CCPA.  For example, it regulates as personal information all information  “capable” of being associated with a consumer or household, whereas California’s definition is now tied to information “reasonably capable” of being associated with a consumer or household.  The NH legislation retains limitations on the scope of publicly available information that is excluded from the definition of personal information.  By way of other examples, NH HB 1680 does not provide exceptions for employment or business-to-business related data.
Continue Reading State Legislatures Are Off to the Privacy Races, With New Hampshire in the Lead

On May 29, 2019, the Governor of Nevada signed into law Senate Bill 220 (“SB 220”), an act relating to Internet privacy and amending Nevada’s existing law requiring websites and online services to post a privacy notice.  In short, Nevada’s law will require operators of Internet websites and online services to follow a consumer’s direction not to sell his or her personal data.  The Nevada law differs from the California Consumer Privacy Act (“CCPA”) enacted last year in notable ways, and could signal the coming of a patchwork of fifty-plus different data privacy standards across the country, much like the state data breach notification laws.

Unlike the CCPA (which applies to both online and offline business operations), SB 220 applies only to operators of Internet websites and online services, and defines “operators” as people who (1) own or operate an Internet website or online service for commercial purposes; (2) collect and maintain covered information from consumers who reside in Nevada and use or visit the Internet website or online service; and (3) engage in any activity that constitutes a sufficient nexus with Nevada to satisfy the requirements of the United States Constitution.  Such activity includes purposefully directing activities toward Nevada, consummating a transaction with Nevada or a Nevada resident, or purposefully taking advantage of the privilege of conducting activity in Nevada.  SB 220 does not apply to the following entities: an entity that is regulated by the Gramm-Leach-Bliley Act or the Health Insurance Portability and Accountability Act; a service provider to an operator; or a manufacturer of a motor vehicle or a person who services a motor vehicle who processes covered information that is either (1) retrieved from a motor vehicle in connection with a technology or service related to the motor vehicle, or (2) provided by a consumer in connection with a subscription or registration for a technology or service related to the motor vehicle.
Continue Reading Nevada’s New Consumer Privacy Law Departs Significantly From The California CCPA

Less than three months ago, California enacted the California Consumer Privacy Act of 2018 (“CCPA”). Industry and privacy watch groups alike have scrutinized the law. This summer saw fierce negotiations all in the name of improving the CCPA. Last Friday, on August 31, 2018, the California legislature passed SB 1121 to amend the CCPA.

The CCPA applies to for-profit entities that conduct business in California. It has an expansive definition of personal information, and grants California residents a number of new rights, including rights to request access to and deletion of certain data, and to opt-out of the sale of data. For a more detailed summary of the CCPA, please see our previous blog post.

SB 1121 largely preserves the substance of the CCPA, but it contains the following technical edits:
Continue Reading California Legislature Passes Amendments to Expansive Consumer Privacy Law