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.
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.
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.
California continues to be a first mover in privacy in the United States, enacting the US’s toughest and most comprehensive privacy legislation on Thursday, June 28, 2018. Unlike existing state and federal privacy legislation that has generally focused on specific sectors or privacy issues, the California Consumer Privacy Act of 2018 (AB 375), applies broadly to businesses that collect personal information about California consumers and aims to create significant new consumer privacy rights. In doing so, it creates significant new obligations for businesses.
On June 22, California lawmakers announced Assembly Bill 375, a broad-based consumer privacy bill that is intended to serve as an alternative to the California Consumer Privacy Act, a far-reaching consumer privacy initiative that is on track to be on the California ballot this November. The chief sponsor of the CCPA, Alastair Mactaggart, has stated that he will withdraw the initiative from the ballot if AB 375 is passed this week.
On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures. Public comments are open through 11 May 2017.
The fourth annual Global Privacy Enforcement Network sweep, which focused on Internet of Things devices, found that privacy communications in relation to such devices were generally poor and companies demonstrating good practice were in the minority. Here, we summarize and explore the key findings of the fourth annual GPEN sweep .
A new law in China taking affect in March of this year will provide businesses with a clearer understanding of what types of information are protected as consumer personal information in China. This new definition will clarify companies’ obligations with respect to the use and processing of that information under other Chinese laws and regulations. A failure by businesses to recognise these new requirements can lead to onerous penalties including fines.
California recently passed a law updating its breach notification requirements and making it the first state to expand the definition of personal information to expressly include login credentials for online accounts. Under the new law, companies would be required to notify individuals if and when their passwords, usernames, or security question and answers are compromised or stolen. The latest amendments become effective as of January 1, 2014.