On June 1, 2020 the California Attorney General (AG) submitted the final text of the CCPA regulations to the California Office of Administrative Law (OAL) for approval. The final regulations appear to be unchanged from the latest draft published on March 11, 2020.
Generally, the OAL has 30 days to review and determine whether to approve the regulations. But currently, an executive order has granted an additional 60 days to finalize proposed regulations in light of the challenges agencies are facing due to COVID-19. Additionally, any regulation that is filed June 1 or later would not typically be effective until October 1. However, an agency can request an earlier effective date if it can demonstrate good cause, which is what the AG has done here. The AG has requested the OAL approve the regulations within 30 days and that an exception be made such that the regulations will be effective upon filing with the Secretary of State.
The CCPA states that the AG cannot bring any enforcement actions until 6 months after the final regulations are published, or July 1 2020 whichever is sooner. This means that the AG could start enforcement actions prior to the effective date of the final regulations depending on the timing for approval and whether an exception to the effective date is granted.
There have been no statements from the AG that would suggest any intention to delay enforcement despite the hardships caused by COVID-19 or the potential lack of final and effective regulations. As such, companies should prepare for enforcement to start July 1st.
For Further Information
If you have any questions about this blog, please contact Michelle Donovan, Sandy Jeskie, any member of the California Consumer Privacy Act Team or the attorney in the firm with whom you are regularly in contact.
About Duane Morris
Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.