Regulations are effective immediately

The California Privacy Protection Agency (CPPA) marked a historic milestone by finalizing their first substantive rulemaking package to further implement the California Consumer Privacy Act (CCPA), which was approved by the California Office of Administrative Law (OAL). The approved regulations are effective immediately.

“This is a major accomplishment, and a significant step forward for Californians’ consumer privacy. I’m deeply grateful to the Agency Board and staff for their tireless work on the regulations, and to the public for their robust engagement in the rulemaking process,” said Jennifer Urban, Chairperson of the California Privacy Protection Agency Board.

The approved regulations update existing CCPA regulations to harmonize them with amendments adopted pursuant to Proposition 24, the California Privacy Rights Act (CPRA); operationalize new rights and concepts introduced by the CPRA to provide clarity and specificity to implement the law; and reorganize and consolidate requirements set forth in the law to make the regulations easier to follow and understand. They place the consumer in a position where they can knowingly and freely negotiate with a business over the business’ use of the consumer’s personal information.

“I’m incredibly impressed with the team and thankful for the Board’s thoughtful guidance,” said Ashkan Soltani, the Agency’s Executive Director. “With the regulations in place, we can now redouble our efforts to promote public awareness of consumers’ rights and businesses’ responsibilities under the law to better ensure that these privacy rights are secured.”

Lisa Kim, the Agency’s Senior Privacy Counsel and Advisor, said: “Once again California is leading the way in protecting consumers’ privacy rights. We are excited to be the first in the nation to implement comprehensive regulations on data minimization and dark patterns. With these protections, consumers can interact with businesses with more confidence and security.”

The Agency filed the final rulemaking package with OAL on Feb. 14, 2023, initiating a 30-business day review period. This followed the CPPA Board’s vote on Feb. 3, 2023 to adopt and approve the Agency’s rulemaking package. The regulations have not changed substantively since the Agency Board voted on modifications made at its Oct. 29, 2022 meeting.

In response to the development, Philip Laird, the Agency’s General Counsel, said: “I couldn’t be more proud of this accomplishment. I’m immensely grateful for the legal team’s incredible work.”

The formal rulemaking process began on July 8, 2022, with the publication of the Agency’s notice of proposed rulemaking action in the California Regulatory Notice Register. This followed extensive pre-rulemaking activities, including a series of instructive informational sessions and a set of stakeholder sessions in the spring of 2022, and a request for preliminary comments in the fall of 2021.

The final regulations and supporting materials will be made available on the CPPA website here as soon as they are processed.

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