The California Privacy Protection Agency (“CPPA”) held two public hearings last week on its proposed regulations.

Here are some key takeaways:

  • Enforcement date debate. Multiple commenters requested that the CPPA delay the enforcement date by at least one year after the regulations are finalized, i.e. January 1st, 2024 or later. However, other speakers pushed back on this request.
  • Estimates of regulatory costs. At both hearings, commenters expressed concern that the CPPA’s estimates of regulatory costs to businesses were not realistic.
  • Global opt-out preference signals. Commenters also addressed the draft regulations’ mandate that businesses honor global opt-out preference signals. Some supported the mandate, while others emphasized that the mandate is inconsistent with the CPRA’s statutory text. See, e.g., CPRA § 1798.135(b)(3) (providing that “a business may elect whether to” post links or comply with opt-out preference signals). Others called for more clarity from the CPPA on the issue, such as by compiling a registry of global opt-out preference signals that businesses are required to honor.
  • Sensitive personal information. The second hearing heard comments endorsing the restricted use and disclosure of sensitive information, emphasizing the importance of the CPRA’s data minimization standards.
  • Dark patterns. Finally, some commenters supported the regulations’ language on dark patterns.
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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.

Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports…

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state privacy laws, including the California Consumer Privacy Act and California Privacy Rights Act.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations.

Natalie Dugan

Natalie Dugan is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group as well as the International Trade Practice Group.

Natalie advises clients on a broad range of privacy and cybersecurity issues, including…

Natalie Dugan is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group as well as the International Trade Practice Group.

Natalie advises clients on a broad range of privacy and cybersecurity issues, including on topics related to privacy policies and data practices, responses to regulatory inquiries, and compliance obligations under U.S. state privacy regulations like the California Consumer Privacy Act. Her practice also includes helping clients navigate international trade policy and customs matters.

Miranda Rutherford

Miranda Rutherford is an associate in the firm’s Palo Alto office whose practice focuses on data privacy, cybersecurity, and electronic surveillance matters. Miranda advises clients on compliance with federal and state privacy and surveillance laws, including when clients are updating external and internal…

Miranda Rutherford is an associate in the firm’s Palo Alto office whose practice focuses on data privacy, cybersecurity, and electronic surveillance matters. Miranda advises clients on compliance with federal and state privacy and surveillance laws, including when clients are updating external and internal privacy policies, developing new products, and responding to law enforcement data requests.

Prior to joining the firm, Miranda was a law clerk to the Honorable James Donato, United States District Judge for the Northern District of California.

Photo of Sarah Parker Sarah Parker

Sarah Parker is an associate in the firm’s Washington Office. Her practice focuses on privacy, advertising, and consumer protection regulatory matters and government investigations.

Sarah also maintains an active pro bono practice, with a focus on criminal justice and civil rights litigation