January 31, 2023

Volume XIII, Number 31

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January 30, 2023

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CCPA’s New Privacy Rights = New Consumer Demands

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance. California’s new privacy law goes into effect January 1, 2020. Although California attorney general enforcement is not expected until at least July 1, 2020, consumer lawsuits for violations of CCPA could start in early 2020 based on CCPA’s 12-month look back. CCPA can apply to businesses even if they do not have offices or employees in California. It can also reach activities conducted outside of California. See our prior alert here to see if CCPA applies to your business.

A pending amendment to CCPA could broaden consumers’ ability to sue for any violation of CCPA (and not just data breach related incidents). Under CCPA as currently passed, consumer plaintiffs are entitled to statutory damages. This means they don’t have to prove damages, only a CCPA violation to recover damages. Most privacy lawsuits lose because damages can’t be proven. CCPA has the potential to change privacy litigation as we know it.

Do you know what California consumers can demand from your business under CCPA? Consider that “consumers” is broadly defined as a natural person resident in California for other than a transitory purpose and could include customers, employees, business contacts and others

(Click to enlarge charts)

CCPA

CCPA

A business cannot discriminate in service or price offered to consumers who exercise their privacy rights under CCPA though some price, quality or service differences are possible under CCPA. This overview is not a substitute for considering CCPA and its requirements in their entirety.

Copyright © 2023 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume IX, Number 92
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About this Author

Nadia Aram, Womble Carlyle, Intellectual Property Attorney, technology licensing lawyer, commercial agreements legal counsel, private securities law
Of Counsel

Nadia advises clients in a variety of business transactions involving the use and commercialization of intellectual property and technology. She has experience drafting and negotiating a broad variety of contracts, including technology licenses, services, consulting and other complex commercial agreements to help clients realize the value of their assets day-to-day, and as part of strategic product and technology acquisitions and divestitures. Nadia also practices in the areas of franchise law, and advertising, sweepstakes & promotions law, including advising clients...

919-755-2119
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