New California Privacy Law: Key Compliance Challenges and Guidance for Corporate Counsel

The California Consumer Privacy Act of 2018 (CCPA) is the most robust U.S. digital privacy law yet, laying a foundation for unprecedented compliance obligations designed to protect consumer data and privacy. The CCPA applies to many organizations doing business in California and includes new disclosure requirements, penalties for noncompliance, and other items to consider.

The requirements of the CCPA will take effect Jan. 1, 2020. Businesses should start the process of analyzing how the new rules may impact their current and future operations. Any business that does business in California; collects the personal information of California residents; and (1) has an annual gross income in excess of $25 million; (2) buys, receives, shares or sells personal information of 50,000 or more California consumers, households or devices; or (3) derives 50% or more of its annual revenues from selling California consumers’ personal information, are subject to the new statute in its current form.

Corporate counsel and compliance professionals must take steps to understand the consumer rights and compliance requirements under the CCPA in order to adapt existing privacy policies and initiate mechanisms to minimize claims and avoid suits.

Listen as our panel analyzes the requirements of the CCPA and the implications to both domestic and foreign businesses, and offers methods of compliance to avoid claims and penalties.

1. Key provisions of the California Consumer Privacy Act of 2018
2. Similarities to the GDPR and key differences
3. Key compliance challenges for domestic and foreign businesses
4. Reevaluating data processing agreements with vendors
5. Methods to avoid penalties and best practices for counsel and compliance professionals

The panel will review these and other high profile issues:

• Key provisions of the CCPA impacting businesses
• Rights granted to California residents under the CCPA
• Who must comply with California’s new privacy law?
• Right of access and disclosure, deletion, opt-out, and non-discrimination under the new law
• Company privacy policy and disclosure requirements
• Enforcement and penalties for noncompliance and violations
• Applicability of the de minimus exceptions for small and mid-size businesses
• Similarities and distinctions between the CCPA and GDPR
• Considerations for data processing agreements with vendors
• Determining effective methods of compliance and avoiding penalties