California Can Enforce Data Privacy Regulations Without Delay
“California Appeals Court Rules for Immediate Enforcement of CCPA Regulations: Your Seven-Step Compliance Plan”
California Appeals Court Allows Immediate Enforcement of CCPA Regulations
In a surprising turn of events, a California appeals court has ruled that the state can immediately begin enforcing new regulations governing the California Consumer Privacy Act (CCPA). This decision, made on Feb. 9, means that businesses need to act fast to ensure compliance with the state’s data privacy law.
The new CCPA regulations, which originally took effect in March 2023, were set to be enforced starting July 1, 2023. However, a previous court decision delayed enforcement until March 29, 2024. The California Privacy Protection Agency and the California Attorney General appealed this decision, leading to the recent ruling allowing immediate enforcement.
Businesses must now take action to comply with the CCPA regulations. Here are seven steps they should take:
1. Do not ignore existing CCPA requirements that have been in effect since Jan. 1, 2020.
2. Audit and update contracts with service providers and vendors to ensure compliance with CCPA.
3. Update notices provided to job applicants, new and current employees to include required information.
4. Update privacy policies to reflect the latest CCPA regulations and annual refresh requirements.
5. Confirm that website cookie banners and management tools are compliant with CCPA regulations.
6. Ensure processes for receiving and enforcing CCPA rights’ requests are in place.
7. Evaluate practices, especially on websites, for compliance with regulations on “dark patterns.”
While the immediate impact of this ruling may not be significant for most businesses, it could have long-term effects on future agency rulemaking. If the ruling stands, the agency and AG may be able to enforce future regulations more quickly, potentially impacting a wide range of businesses.
Businesses are advised to take action now to ensure compliance with the CCPA regulations and avoid potential penalties for noncompliance.
