CA AG Adopts Final Regulations Implementing the CCPA

The California Attorney General (AG) recently published the final regulations (Final Regulations) implementing the California Consumer Privacy Act (CCPA).  The Final Regulations became effective on August 14, 2020.

In June 2020, the AG submitted its final proposed regulations to the California Office of Administrative Law (OAL), which were virtually identical to the second set of modified proposed regulations, previously covered by WBK here.  Following review by the OAL, the AG published the Final Regulations on August 14, 2020. 

The Final Regulations differ from the final proposed regulations, in part, by:

• Removing the requirement that businesses must obtain a consumer’s express consent before using the consumer’s previously collected personal information for a materially different purpose than what was previously disclosed to the consumer in the notice at collection;
• Removing the provision that stated that a business that substantially interacts with consumers offline must provide notice to consumers by an “offline method that facilitates consumer awareness of their right to opt-out” of the sale of their personal information;
• Removing the requirement that a business’s method(s) for submitting requests to opt-out must be easy for consumers to execute and must require minimal steps to allow consumers to opt-out;
• Clarifying that a business may deny requests from the consumer’s authorized agent if the agent cannot provide to the business the consumer’s signed permission demonstrating the agent’s authorization to act on the consumer’s behalf; and
• Making various non-substantive and clarificatory changes.

Additional information on the CCPA and the Final Regulations can be found on the AG’s CCPA website.