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:
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.
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