Update Applicable to:
All employers in the state of California.
What happened?
On February 3, 2023, the Board of the California Privacy Protection Agency approved final California Privacy Rights Act (CPRA) regulations which will go into effect upon approval by the Office of Administrative Law, who will have 30 working days to review and approve or disapprove the regulations.
What are the details?
According to the CPPAās final statement of reasons, the proposed final regulations (which are substantially similar to the version of the proposed regulations circulated in November) address comments received by stakeholders and include the following modifications from the initial proposed text:
- Amending certain definitions
- Outlining restrictions on how a consumerās personal information is collected or used
- Providing disclosure and communications requirements
- Clarifying requirements for consumer requests and obtaining consumer consent
- Amending business practices for handling consumer requests
- Amending requests to correct/know
- Amending opt-out preference signals
- Amending requests to opt-out of sale/sharing
- Clarifying requests to limit use and disclosure of sensitive personal information
Each of the hyperlinks above contain more information on each the modifications.
The proposed final regulations also clarify when businesses must provide a notice of right to limit, modify how the alternative opt-out link should be presented, provide clarity on how businesses should address scenarios in which opt-out preference signals may conflict with financial incentive programs, make changes to service provider, contractor, and third party obligations to the collection of personal information, as well as contract requirements, provide clarity on special rules applicable to consumers under 16-years of age, and modify provisions related to investigations and enforcement.
For more information, please see the links below:
What do employers need to do?
Employers should review the link provided above and be on the lookout for more news regarding this update. Vensure will continue to provide more updates on more news have been received.