California Labor &
Employment Law Blog
New CCPA Regulations Issued by California Attorney General
Mar 24, 2021

New CCPA Regulations Issued by California Attorney General

Topics: Legal Information, Workplace Privacy

On March 15, 2021, new regulations published under the California Consumer Privacy Act (CCPA) further define how businesses may communicate privacy options on the internet.

The new regulations ban “dark patterns” that delay the process for opting out of the sale of personal information and specifically prohibit companies from using confusing language or forcing consumers to click through multiple screens that list reasons why they should not opt-out.

In addition, the regulations formalize businesses’ ability to use an optional Privacy Options blue icon to communicate privacy choices to consumers:

 

 

The opt-out icon may be used in addition to posting the notice of right to opt-out, but not in lieu of any requirement to post the notice of right to opt-out or a “Do Not Sell My Personal Information” link.

The California Privacy Rights Act (CPRA), passed in November 2020, will transition some of the Attorney General’s responsibilities under the CCPA to the California Privacy Protection Agency, however the Attorney General will retain the authority to go to court to enforce the CPPA.  Enforcement of CPRA will begin in 2023.  Since July 1, 2020, the Attorney General’s office has sent out “Notices to Cure” to thousands of companies doing business in California that it asserted were not in compliance with the CCPA.  Should your business receive a “Notice to Cure”, take it seriously and remember that it provides a 30-day window to cure the issue.  Be sure to check with your counsel to determine whether you need to update any of your CCPA privacy notices due to the new regulations or should you receive a “Notice to Cure”.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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