2020 CCPA Final Regulations: Approved Modifications and Extensions of Employee and Business-to-Business Exemptions
Modifying Marketing Policies and Corporate Agreements for Compliance With New Regulations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Thursday, November 5, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide counsel in modifying mobile communications marketing policies and other corporate contracts to comply with the modifications to the California Consumer Privacy Act (CCPA) based upon the final regulations adopted in August 2020. The panel will outline the nuances of these new regulations, challenges businesses are facing in developing compliant marketing programs, and best practices for avoiding government enforcement actions and civil litigation.
Faculty

Mr. Burstein provides legal advice on privacy, information security, and marketing laws and best practices, including compliance with federal and state laws throughout the U.S. As regulations such as the California Consumer Privacy Act (CCPA) bring significant changes to the legal landscape, he helps clients evolve their business practices to manage risk. In addition to counselling clients on the privacy and security issues that come up in the course of day-to-day business, Mr. Burstein also advises clients on legislative and regulatory developments affecting cutting-edge technologies such as drones and connected vehicles.

Mr. Friel is a thought leader in digital media, IP, data privacy and protection, and consumer protection law, with over three decades of relevant experience to address the intersection of law and technology. Having served as a GC for several years in the late 1990s before returning to private practice, Mr. Friel has the necessary expertise to advise clients on making practical and informed business decisions, and help companies and entrepreneurs navigate the complex opportunities created by disruptive technology. With his in-house and private practice experience, he assists clients with creating data inventories, and information governance and data privacy and security programs; developing and implementing policies and procedures for providing consumer data privacy transparency, choice and access; drafting and negotiating privacy and data security provisions for commercial contracts; evaluating privacy impact assessments; addressing data privacy and security issues in merger and acquisitions transactions; structuring personal data transfer arrangements (including cross-border, intracompany, sales and licenses, and disclosures that are exempt from, and/or comply with, certain legal restrictions); drafting and revising external and internal privacy and data security policies and procedures; and addressing complex intellectual property and consumer protection issues related to digital media, advertising and commerce, such as in connection with the development and deployment of artificial intelligence, tailored and targeted advertising practices, and digital transformation and data commercialization strategies. Mr. Friel is a sought-after speaker and is affiliated with UCLA as an assistant professor in a multidisciplinary project at the Graduate School of TV, Film and Digital Media, and is an adjunct professor at Loyola Marymount School of Law.

Mr. Manek's global practice focuses on data analytics, cyber, data privacy, e-discovery, and digital forensics. He specializes in providing expert consulting services to organizations involved in large, complex, data-intensive regulatory change management projects.
Description
In August 2020, the long-awaited CCPA regulations were finalized and will significantly impact businesses, whether located inside and outside of California. Additionally, the exemptions for employees' and business-to-business contacts' data are likely to be extended beyond January 2021.
The regulations go into effect immediately after an extensive rulemaking process. Among the major changes are removals of specific requirements of businesses to obtain consent from consumers about using previously collected information and restrictions on subscribe/unsubscribe requests. The rules regarding financial incentives were a source of confusion and debate throughout the rulemaking process and subject to several changes.
Corporate counsel must prepare to modify their marketing policies, terms and conditions, statements of use, and related agreements between businesses and consumers. The use of text messages, mobile apps, and other wireless communications to promote products and services must comply with the current CCPA requirements, and corporate counsel must understand the intricacies regarding express written consent and recordkeeping to minimize the risk of penalties and lawsuits.
Listen as our authoritative panel of attorneys provides an update on CCPA requirements related to the finalized regulations and best practices for modifying marketing policies to ensure compliance.
Outline
- History of CCPA approval
- August 2020 final regulations
- November 2020 ballot initiatives
- Final regulations
- Notice issues
- Consumer rights requests
- Non-disrimination and loyalty programs
- Examples of discrimination under CCPA
- How to calculate the value of consumer PI
- Service providers
- Vendor agreements and CCPA rider requirements
- Service provider obligations
- Business, service provider, or third party
- Minors
- Notice of sale of minors' PI
- Opt-in requirement
- Households
- Household PI
- Responding to request for household PI
- Minors' PI in household data
- Limits to right to know or right to delete
- Training and records
- Recordkeeping requirement
- New privacy policy disclosure requirement
- Sale and reasonsable security
- Reasonable security standards
- CCPA sale of PI risk assessment
- Intersection with the new data broker law
Benefits
The panel will review these and other issues:
- What are the CCPA's final regulation requirements and how does the CCPA impact businesses outside of California?
- What are the financial incentives for CCPA compliance?
- What measures should companies take to ensure that their written consent practices comply with the CCPA rules?
- How should counsel manage the ambiguities of the rules concerning automated dialing systems?
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