03/06/2020
Technology & Regulation in the Spotlight

The California Attorney General has reported that the final text of the California Consumer Privacy Act (“CCPA”) Regulations have been submitted to the California Office of Administrative Law (“OAL”). The final text of the Regulations is substantially identical to the text of the third draft released last March. The updated Regulations are accompanied by the Web Content Accessibility Guidelines by the WWW Consortium that are incorporated in the Regulations by reference.

In addition to the final text, the Attorney General also issued a Final Statement of Reasons that explains the basis for the regulations and the changes between the first draft and the final regulations. The Final Statement of Reasons is also accompanied by appendices that summarize the public comments submitted during the drafting process and their responses.

The final text must be reviewed by the OAL for procedural compliance with California’s Administrative Procedure Act before coming into force. Due to the Covid-19 pandemic, the OAL review period was extended to 90 calendar days, instead of 30 calendar days. However, the Attorney General requested the OAL to expedite the review process and finalize it within 30 business days. Once approved by the OAL, the final Regulations will be filed with the Secretary of State and become enforceable by law. It should be noted, that in any event, enforcement under the CCPA (as opposed to the Regulations) shall commence as soon as 1 July 2020.

Earlier last year we published our CCPA Compliance Playbook to assist in preparing for the upcoming regulations.

As mentioned in our previous update regarding the Regulations, the changes presented in the latest draft may require further adjustments to internal and external privacy policies and procedures. Please feel free to contact us if you have any questions regarding the effect and implications of the CCPA, and how the new Regulations may affect your compliance efforts.

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Kind regards,

Ariel Yosefi, Partner

Co-Head | Technology & Regulation Department

Herzog Fox & Neeman