Final CCPA regulations approved and now effective immediately On August 14, 2020, the California Office of the Attorney General (“OAG”) sent out a notice that the final CCPA regulations have been approved by the California Office of Administrative Law (“OAL”) and filed with the California Secretary of State. Effectively immediately, all organizations subject to CCPA statutes must comply with both the statutes and the regulations.
In the Addendum to Final Statement of Reasons, the OAG noted several changes from the version of the draft regulations submitted on June 1, 2020 to the OAL. The changes were described as “non-substantive” as the OAG deemed them not to materially change “the requirements, rights, responsibilities, conditions, or prescriptions” contained in the June 1, 2020 version. Some of the changes do, however, appear to change the requirements for businesses subject to the withdrawn provisions as described below:
Effect of withdrawn provision § 999.305(a)(5) – Businesses will not be required to directly contact consumers and obtain explicit consent if they plan on using their personal information for purposes that are materially different than those disclosed in the privacy notice at the time of collection.
Effect of withdrawn provision § 999.306(b)(2) – Businesses that primarily interact with consumers offline will not be required to provide notice of their right to opt-out of the sale of their personal information using an offline method.
Effect of withdrawn provision § 999.315(c) – The provision that was withdrawn (1) required that a business’s opt-out method be “easy for consumers to execute,” and “require minimal steps to allow the consumer to opt-out,” and (2) prohibited using a method that intended or had the substantial effect of “subverting or impairing” a consumer’s decision to opt-out.” The withdrawal of these requirements does not mean, however, that a business may have a convolut ..
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