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California DOJ Issues Fourth Set of Modifications to the CCPA Regulations

On December 10, 2020, the California Department of Justice (“Department”) announced a fourth set of modifications to the California Consumer Privacy Act’s (CCPA) regulations.  The deadline to submit comments to the modifications is Monday, December 28, 2020.

As a quick recap of past developments related to the CCPA regulations, the Department first published proposed regulations for public commentary on October 11,2019. Then in February of 2020, and again in March of 2020, the Department announced a second and third set of modifications to the proposed regulations, based on comments received during the public commentary period. Finally, in October of 2020, the Department issued a third set of modifications to the regulations, and received approximately 20 comments in response to those modifications. The fourth set of modifications issued this week, were developed in response to those comments, and to “clarify/conform” the proposed regulations to existed law.

The fourth set of modifications to the regulations, primarily aims to clarify ambiguities regarding a consumer’s right to opt out, as well as a company’s use of an opt out button and processing opt-out requests.

Regarding the right to opt out, the modifications clarify that a business selling personal information collected from consumers in the course of interacting with them offline shall inform consumers of their right to opt-out of the sale of their personal information by an offline method. The regulations provide examples to understand this clarification: for example, a busi

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Jackson Lewis P.C. © 2021National Law Review, Volume X, Number 346
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About this Author

Principal

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and...

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Jerel Pacis Agatep Employment Lawyer SF California Jackson Lewis
Associate

Jerel Pacis Agatep is an Associate in the San Francisco, California, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including preventive advice and counseling. He is also an active member of the firm's Privacy, Data and Cybersecurity Practice Group, and currently helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the...

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Maya Atrakchi is the Knowledge Management (“KM”) Attorney for Jackson Lewis P.C.’s Privacy, e-Communication and Data Security and International Employment Issues Practice Groups, and is based in the New York City, New York, office of Jackson Lewis P.C.

212-545-4000
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