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The Intellectual Property StrategistFeaturesCybersecurityIntellectual PropertyPrivacyRegulation

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask

By Alan L. Friel
December 01, 2019

The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. However, so far only Nevada has passed new consumer privacy laws, adding a do-not-sell right to its existing online privacy law, effective Oct. 1, 2019.

Among the many differences between the CCPA and existing U.S. privacy legislation, the definition of personal information (PI) under the new law is very broad and includes data elements not previously considered PI under any U.S. law. In addition, the CCPA introduces new privacy rights for Californians, such as the right to know what PI a business has collected about them, details on how the business uses and discloses the data, and the right to request that the business delete that information.

The CCPA will apply to a wide range of businesses that handle Californians' PI, obligating such businesses to comply with a host of new requirements governing their collection, use and sharing of PI. Most will need to update the disclosures in their privacy notices, establish processes for responding to consumer rights requests, observe restrictions on data monetization practices and revisit relationships with vendors that handle PI on their behalf.

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