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Oregon Privacy Law Moves Forward

19 Jul


Update applicable to:

All employers conducting business in Oregon who meet the applicability provisions shown below

What happened?

On June 22, 2023, the Oregon legislature passed the Oregon Consumer Privacy Act (OCPA) (SB 619), subject to Governor Tina Kotek’s consideration. If enacted, Oregon will become the eleventh state, and the sixth in 2023, to pass a consumer data privacy bill.

What are the details?

Applicability: The OCPA is based on the Washington Privacy Act model but includes some unique provisions. It applies to businesses conducting business in Oregon or providing products/services to Oregon residents, controlling or processing the personal data of 100,000+ consumers, or processing the data of 25,000+ consumers while deriving 25% or more of their annual gross revenue from selling personal data.

The law does not have the same exemptions as other state privacy laws and includes specific provisions regarding personal data, biometric data, and sensitive data definitions. Oregon residents have consumer rights, including obtaining a list of specific third parties to which their data was disclosed. Controllers must recognize universal opt-out mechanisms from January 1, 2026.

The OCPA’s privacy notice requirements are detailed, and controllers must specify the express purposes for collecting and processing personal data. Data protection assessments are required, and the law will be enforced by the Oregon Attorney General’s Office, with civil penalties of up to $7,500 per violation. The effective date is July 1, 2024, except for non-profits, which is July 1, 2025.

For more information, please see the links below:

Oregon AG Media Release

Summary of the Bill

Official Bill Page

Bill (SB 619)

Law Firm Article 1, Article 2

State by State Comparison Chart

What do employers need to do? Employers conducting business in Oregon and meeting the applicability factors should familiarize themselves with the bill by reviewing the above links and consult with legal counsel on any implementation or review of business practices and compliance requirements specific to their business.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Oregon PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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