Despite the business disruptions brought on by the novel coronavirus, enforcement of the California Consumer Privacy Act (CCPA) is still set to begin on July 1. With that key date just around the corner and companies facing a new slate of COVID-19-related privacy issues, we cover the high-level action items California businesses should address to help get their compliance programs up to speed.
For the full alert, visit the Faegre Drinker website.
On May 29, 2019, Nevada Governor Steve Sisolak signed into law SB 220, which amends Nevada’s security and privacy law to require an operator of a website or online service for commercial purposes to permit consumers to opt-out of the sale of any covered personally identifiable information that the operator has collected or will collect about the consumer. The law becomes effective October 1, 2019, several months before the California Consumer Privacy Act’s (CCPA) effective date of January 1, 2020, and is therefore set to become the first of its kind to be implemented in the U.S.
Two recent reports reflect that cyberattacks and resulting data breaches continue to threaten U.S. companies and public entities. The Hiscox Cyber Readiness Report (April 23, 2019), compiled from a survey of more than 1,000 U.S. cybersecurity professionals at private companies and public-sector entities with 50 to 1,000+ employees, found that 53% of firms reported at least one cyberattack – up from 38% in 2018. Interestingly, only 11% of U.S. firms qualified as experts based on their cybersecurity preparedness and responses – down from 26% in last year’s survey; 16% of firms ranked as intermediate, and the remaining 73% ranked as novice. These statistics reflect a continuing need for public- and private-sector emphasis on cybersecurity preparedness and incident response.
The critical role of data mapping in CCPA readiness and compliance
Although the California Consumer Privacy Act (CCPA) does not explicitly require that businesses engage in data mapping or relationship mapping, they probably won’t be able to develop effective CCPA compliance strategies without having both. Businesses that have engaged in data mapping in preparation for GDPR compliance will be able to leverage some of that work.
When people talk about data privacy, or data collection, or tracking technology, or analytics, or click farms, or bots, or data brokers, or geolocation, or mobile apps, or social media, or influencers, in the end what they’re really talking about is digital advertising. Yet while we may feel comfortable using the phrase to broadly describe any online marketing efforts, the purpose of digital advertising is quite different from the goal of a 30 second radio spot, and shares little with its Mad Men-era ancestors beyond the name.
But today, faced with a variety of new laws and regulations designed to protect consumer privacy, lawyers and their clients are obliged to take a much deeper and more nuanced dive into modern methods of digital advertising. And many are surprised at what they find.
DBR Kicks Off Its Year-Long CCPA Webinar Series … While the CA AG Seeks Public Input on the CCPA and Lawmakers Propose Changes to It.
DBR’s CCPA Webinar Series Kicks Off
The end of February marked the beginning of Drinker Biddle’s nine-part webinar series on the new California Consumer Privacy Act of 2018 (CCPA) — one of the most significant data privacy laws in the United States.
Compliance with the new law will require considerable knowledge and effort. Our webinar series delves into the complex details and strategies that companies doing business in the state need to know. The series will feature a panel of CCPA professionals from Drinker Biddle’s Information Privacy, Security and Governance team, including Peter Blenkinsop, Jeremiah Posedel, Reed Abrahamson, and others.
The first webinar held on February 27 provided a comprehensive overview of the CCPA, including the obligations and limitations imposed on businesses that collect and process personal data of California residents, the rights of such residents, and the enforcement mechanisms and potential penalties available under the act. The DBR team also highlighted some key open issues that will hopefully be addressed or clarified by California regulators before the law becomes operative on January 1, 2020. For those who were unable to attend, a recording of the webinar and a copy of the presentation materials are available here.