Michelle Hon Donovan – Page 2 – Duane Morris TechLaw

October 17, 2019 by Duane Morris

CCPA Amendments Signed by Gov. Newsom

Governor Gavin Newsom signed five CCPA amendment bills into law on Friday, October 11, 2019. He also signed an amendment broadening the California breach notification law and a new law which creates a data broker registry for the sale of certain personal information. The event marked the culmination of the California Legislature’s efforts this year to clarify the terms and scope of the CCPA, which takes effect on January 1, 2020.

A summary of these laws and their impact may be found in our previous Alert.

Stay tuned to the Duane Morris TechLaw Blog for developments regarding the CCPA and its implementation.

September 23, 2019September 23, 2019 by Duane Morris

Nevada Privacy Law Takes Effect October 1: Is Your Company Compliant?

The newest Nevada privacy law, SB 220, is about to become operative on October 1, 2019, and will require website operators to provide consumers with the right to opt out of the sale of their personal information. The definition of what constitutes a “sale” is fairly narrow and includes several broad exclusions. Therefore, this opt-out provision is likely to apply only in narrow circumstances. However, businesses that may be covered by this new law will need to complete the following items prior to October 1:

Determine whether the law applies to your business.
Confirm compliance with existing consumer notice requirements.
Establish a designated request address where consumers may submit a verified request to opt out of the sale of their covered information.
Develop policies, procedures and processes for verifying and responding to requests within 60 days.

Please see our Alert for a detailed discussion of this law and when it applies.

September 20, 2019September 20, 2019 by Duane Morris

Amendments to the CCPA Ready for Governor’s Signature

By: Michelle Hon Donovan, Brandi Taylor and Angelica Zabanal

Last Friday, September 13, 2019, marked the final day for the California Legislature to vote to pass amendments intended to clarify the terms and scope of the California Consumer Privacy Act (CCPA), which takes effect on January 1, 2020. The bills are now on Governor Gavin Newsom’s desk for approval, and the Governor will have until October 13, 2019, to sign or veto them.

Of the CCPA amendment bills that were in consideration, the following were passed:

AB 25, regarding employee exemption
AB 874, regarding the definition of PI (personal information)
AB 1146, regarding warranty and vehicle repairs
AB 1355, regarding the B2B exemption and other clarifying amendments
AB 1564, regarding toll-free telephone number exception

Also of note, AB 1130 – a bill that does not specifically amend CCPA – also passed. This bill expands the categories of PI covered by California’s data breach notification laws, which will now include tax identification numbers, passport numbers, military identification numbers and unique identification numbers issued on a government document, as well as certain types of specified unique biometric data. This expansion is anticipated to impact liability under the CCPA’s private right of action

While not an exhaustive list of the bills that stalled during the legislative process, the following bills of note failed to be passed by the legislature:

AB 873, regarding the definition of de-identified
AB 846, regarding customer loyalty programs
AB 981, regarding exemption for certain insurance transactions

While the approved amendments did not significantly overhaul the CCPA, several notable changes were made. Please see our Alert for a detailed discussion of these changes.