On January 1, 2020, California’s new privacy law, the California Consumer Privacy Act (CCPA), takes effect. This landmark legislation is designed to give consumers more ownership of, control over, and security for their personal information. For affected businesses, the CCPA comes with certain compliance challenges.
The CCPA gives consumers five broad rights. They will be able to:
- Compel companies to disclose what personal information they have collected, used, and shared with or sold to third parties. Businesses must, upon request, disclose the source of customers’ personal information, how they use or have used that information, what information was shared with or sold to third parties, and with whom the information was shared,
- Request and receive copies of the specific personal information that companies have collected and used during the 12 months preceding the request.
- Force companies to delete consumers’ personal information.
- Prohibit businesses from sharing or selling consumers’ personal information with/to third parties.
- Be able to exercise these new rights without fear of discrimination for doing so.
Not all businesses will be impacted by the CCPA. The new law applies to businesses that have at least $25 million in annual revenue and that serve California residents. However, some smaller businesses are also subject to the new law. These businesses include companies whose revenue is derived primarily from the sale of consumers’ personal data and companies that collect data on at least 50,000 people.
If a covered business violates the provisions of the CCPA, consumers may sue the company for damages without having to prove a breach of privacy occurred. Instead, it will be enough to show simply that the business failed to meet the technical requirements of the law. In addition to facing potential class action litigation, companies subject to the new law may also face stiff penalties if they violate its provisions.
While the law officially becomes effective on January 1, 2020, affected businesses should already have plans in place, including mechanisms for collecting, maintaining, and deleting consumers’ information. Impacted businesses should also consider revisiting and updating service-level agreements with third parties, as necessary and appropriate.
Baer Reed provides secure, professional legal support services for organizations subject to the CCPA. Our teams of expert attorneys can help companies find efficient, effective solutions for compliance. To learn more, contact us today.
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.