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04 September 2020
On Friday, the California Attorney General issued the final implementing regulations for the California Consumer Privacy Act (CCPA). The final regulations—which had been under review by the California Office of Administrative Law (OAL) since June 1—include several changes to the previous draft regulations and take effect immediately. Most of the changes relate to grammar, formatting, and drafting consistency, but several substantive provisions have been withdrawn entirely "for additional consideration."
The implementation of final CCPA regulations closes the door on a more than nine-month process since the first draft was published for comment on October 10, 2019. Since then, the AG released two sets of modified regulations, each subject to public comments. This process meant that California businesses were required to adopt CCPA compliance procedures by January 1—the statute's implementation date—while lacking clarity in some key areas that had been assigned to the AG regulations. California businesses also have been subject to the AG's enforcement authority since July 1, though the regulations had not been in effect.
The final regulations are substantially similar to the most recent draft regulations issued in June, with a few notable changes discussed below. For a full list of changes along with brief explanations, please refer to the AG's newly issued Addendum to Final Statement of Reasons.
Taken as a whole, in addition to the numerous revisions for grammar and formatting, the final changes are fairly minor, focused on clarifying the existing text and removing a few provisions that are inconsistent with or exceeding the bounds of the underlying statute. Most of the changes described above will provide businesses with some additional degree of flexibility, with the notable exception of the changes to the shorthand "Do Not Sell My Personal Information" language. Given that the final regulations—and each of these changes—are already in effect as of August 14, 2020, businesses should promptly take whatever steps are needed to finalize their compliance processes and procedures in line with the final requirements.
For further information on this topic please contact Bret S Cohen, Timothy P Tobin or Julian Flamant at Hogan Lovells by telephone (+1 202 637 5600) or email (firstname.lastname@example.org, email@example.com or firstname.lastname@example.org). The Hogan Lovells website can be accessed at www.hoganlovells.com.
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