Christine E. Lyon, Mary Race, and Robert N. Famigletti
Consumer Litigation, Consumer Products, and Privacy + Data Security
The California Consumer Privacy Act of 2018 (the CCPA) becomes operative on January 1, 2020, but a crop of proposed amendments signal that it may not have yet taken its final form. Late last week, two CCPA amendment bills passed the Assembly, and several others were approved in committee. Numerous other CCPA amendment bills are currently being heard in committee, and two were recently withdrawn.
Amidst this flurry of legislative activity, it can be difficult for businesses to keep track of the various proposed CCPA amendments, their viability, and the practical impact of their passage. Below is our team’s initial summary of the current bills, organized by their progress in the Legislature.
Bills Passed by State Assembly
On May 9, 2019, the following bills passed the California Assembly and were read for the first time in the Senate:
Bills Approved by Committee
Passed Assembly’s Consumer Protection & Privacy and Appropriations Committees
Passed Assembly’s Consumer Protection & Privacy Committee; Referred to Appropriations Committee
Bill Introduced, Referred to Assembly’s Privacy & Consumer Protection Committee
In summary, these bills seek to make incremental changes to the CCPA—and, in some cases, to expand the private right of action for consumers—but they would not fundamentally change the fact that the CCPA will impose substantial new compliance obligations on companies. Thus, while it may be tempting to delay preparing for the CCPA until the statutory language seems more settled, companies may be better served by starting to prepare for their new obligations under the CCPA, particularly obligations that may require more significant lead time, such as preparing to handle California residents’ requests for access and deletion of their personal information.
Please refer to our CCPA Resource Center for additional information and resources on the CCPA, as well as our legal updates.
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