Tag Archives: California Consumer Privacy Act

Posted on December 12th, 2018 By Mark Brennan, James Denvil, Shee Shee Jin and Jonathan Hirsch (Law Clerk) Posted in Consumer Privacy

California Consumer Privacy Act: The Challenge Ahead – The CCPA’s Anti-Discrimination Clause

One of the most controversial elements of the California Consumer Privacy Act (“CCPA”) is the establishment of an “anti-discrimination” right – businesses may not “discriminate” against consumers for exercising certain rights under the CCPA, and they will need to assess whether and how they can require consumers to accept certain data practices as a condition of service. Compliance would be challenging even if the provision were articulated clearly, but as we have discussed in this blog series, the accelerated drafting process and passage of the CCPA earlier this year left little time for public comment and responsive amendments. As a result, the law includes a series of ambiguities that complicate compliance, and nowhere is that more apparent than in the anti-discrimination provision.

This entry in Hogan Lovells’ ongoing series on the CCPA focuses on the law’s anti-discrimination clause, its ambiguities and potentially contradictory provisions, and impact on businesses.

Posted on December 7th, 2018 By Timothy Tobin and Roshni Patel Posted in Consumer Privacy

California Consumer Privacy Act: The Challenge Ahead – The Interplay Between the CCPA and Financial Institutions

The California Consumer Privacy Act of 2018 (“CCPA”) exempts information that is collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (“GLBA”), and its implementing regulations (the “Privacy Rule”), or the California Financial Information Privacy Act (“CFIPA”). It does not exempt financial institutions altogether from its requirements where a financial information is processing information not subject to these regimes. In such situations, a financial institution must comply with a wide array of CCPA obligations, including requirements to make certain disclosures to consumers and to provide certain rights to consumers, such as the right to stop “sales” of their personal information and the right to access data that a business has collected about them. Determining whether information a financial institution processes is covered by the exemption or not can be challenging and is something that financial institutions will need to analyze for their operations.

This blog post provides background on the scope of the exemption and an overview of key considerations for financial institutions developing CCPA compliance programs.

Posted on November 30th, 2018 By Timothy Tobin, James Denvil, Laurie Lai, Aaron Lariviere and Filippo Raso (Law Clerk) Posted in Consumer Privacy

California Consumer Privacy Act: The Challenge Ahead – The Impact of the CCPA on Data-Driven Marketing and Business Models

In the digital age, data is everything. “Big Data” feeds countless business processes and offerings. Businesses rely on data to enhance revenue and drive efficiency, whether by better understanding the needs of existing customers, reaching new ones in previously unimagined ways, or obtaining valuable insights to guide a wide array of decisions. Data also drives developments in artificial intelligence, automation, and the Internet of Things. Come 2020, the California Consumer Privacy Act (“CCPA”) may significantly impact businesses’ data practices, with new and burdensome compliance obligations such as “sale” opt-out requirements and, in certain circumstances, restrictions on tiered pricing and service levels. This entry in Hogan Lovells’ ongoing series on the CCPA will focus on implications for data-driven businesses–the rapidly increasing number of businesses that rely heavily on consumer data, whether for marketing, gaining marketplace insights, internal research, or use as a core commodity.

Posted on October 26th, 2018 By Timothy Tobin, Scott Loughlin and Morgan Perna (Law Clerk) Posted in Employment Privacy

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

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 found in the general statutory structure, the legislative history, legislative responses to advocate letters, or the technical amendments signed into law on September 23. As part of our ongoing series on the CCPA, this post lays out why the issue of CCPA applicability to employees is controversial and nevertheless offers potential strategies to address CCPA compliance requirements as they may relate to personnel records.

Posted on October 8th, 2018 By Scott Loughlin, Melissa Bianchi, Marcy Wilder and Alyssa Golay Posted in Health Privacy/HIPAA

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

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. In the latest installment of the CCPA blog series, we describe these issues and outline four important steps health and life sciences companies may consider to assess the CCPA’s operational impact.

Posted on October 3rd, 2018 By Bret Cohen, Britanie Hall and Ryan Woo Posted in Consumer Privacy

California Consumer Privacy Act: The Challenge Ahead – A Comparison of 10 Key Aspects of The GDPR and The CCPA

As the most comprehensive privacy law to be enacted in the United States thus far, the California Consumer Privacy Act (CCPA) has inevitably invited comparisons to the European Union’s General Data Protection Regulation (GDPR). At first glance, it is clear that the drafters of the CCPA (and the ballot measure that spurred its passage) drew inspiration from the GDPR. However, the CCPA is not a carbon copy of the GDPR, and a GDPR compliance program will not automatically meet the requirements of the CCPA. As businesses begin their CCPA compliance efforts, awareness of these laws’ similarities and differences will be key to creating efficient and effective compliance programs that capitalize on prior GDPR compliance work but also address the unique nuances of the CCPA.

Posted on September 27th, 2018 By Vassi Iliadis and Michael Maddigan Posted in Consumer Privacy

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

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). The CCPA creates a limited private right of action for suits arising out of data breaches. At the same time, it also precludes individuals from using it as a basis for a private right of action under any other statute. Both features of the law have potentially far-reaching implications and will garner the attention of an already relentless plaintiffs’ bar when it goes into effect January 1, 2020.

Posted on September 19th, 2018 By Mark Brennan, James Denvil and Aaron Lariviere Posted in Consumer Privacy

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

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 series on the CCPA and its implications, this post sets out key issues and questions to consider when contemplating a data mapping exercise.

Posted on September 14th, 2018 By Harriet Pearson, Fran Faircloth and Catherine Essig Posted in Consumer Privacy

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

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. We thus focus here on discussing some of the CCPA’s key definitional terms.

Posted on September 12th, 2018 By Harriet Pearson, Edith Ramirez, Britanie Hall and Catherine Essig Posted in Consumer Privacy

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

We have heard the California Consumer Privacy Act of 2018 (CCPA) called many things 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. In this first installment, we describe recent activity to enact so-called “technical” amendments to the CCPA.

Posted on August 1st, 2018 By Mark Brennan, Bret Cohen, Harriet Pearson and Timothy Tobin Posted in Consumer Privacy

Now Available: California Consumer Privacy Act: What you need to know now webinar recording and slides

On July 24, members of the Hogan Lovells global privacy team presented a webinar on the new California Consumer Privacy Act, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation. In this post, we provide links to the recorded webinar and slide deck.

Posted on July 20th, 2018 By Mark Brennan, Bret Cohen, Harriet Pearson and Timothy Tobin Posted in News & Events

Webinar Invitation — California Consumer Privacy Act: What You Need to Know Now

On June 28, 2018, California’s governor signed Assembly Bill 375, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation. Particularly in light of California’s status as the world’s 5th largest economy, many are wondering how the new California Consumer Privacy Act will affect them. Please join members of the Hogan Lovells global privacy team for a live webinar on July 24 to learn what you should be focusing on now.