November 21, 2019

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November 20, 2019

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November 19, 2019

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Celebrate National Cybersecurity Awareness Month with CCPA FAQs!

October is National Cybersecurity Awareness Month (NCSAM)! NCSAM is an annual event designed by the U.S. Department of Homeland Security (DHS) and co-led by the Cybersecurity and Infrastructure Security Agency (CISA) and National Cybersecurity Alliance (NCSA). NCSAM is a collaborative effort by both government and industry leaders intended to enhance public awareness regarding cybersecurity . This year’s agenda emphasizes personal accountability and taking proactive steps both at home and in the workplace to enhance cybersecurity. This year’s motto is Own IT. Secure IT. Protect IT – #becybersmart, and focuses on areas such as consumer privacy, consumer devices and e-commerce security.

In honor of NCSAM, we are focused on what is one of the hottest issues of 2019, and present our California Consumer Privacy Act (CCPA) FAQs, for all businesses regardless of size or industry. With its effective date less than three months away, the California Consumer Privacy Act (CCPA), considered the most expansive U.S. privacy law to date, still presents many unanswered questions for businesses, service providers, and other interested parties. However, to avoid costly fines, penalties, and litigation, CCPA compliance needs to begin now. To assist businesses with their compliance efforts, we prepared these CCPA FAQs.

Topics include:

  • Entities subject to the law,

  • The definitions of personal information,

  • Pending exceptions for employees and business contacts,

  • Requirements and penalties for employers under the CCPA,

  • New consumer rights and required website notices, and

  • Litigation and class action exposure for businesses that experience a data breach.

The CCPA continues to evolve. As of this writing, we await action or inaction by Governor Newsom on a number of amendments that have been proposed and passed. Additionally, we are reviewing recently issued proposed regulations from the California Attorney General. Thus, while the January 1, 2020 effective date will come and go, businesses need to remain vigilant and continue to monitor legal developments regarding the CCPA, as well as its influence on similar legislative measures in other states.

In addition to our CCPA FAQS, below are additional resources we’ve prepared to provide businesses with a better understanding of how the CCPA was developed, where it is headed, and how it will impact covered entities:

We hope you will find the CCPA FAQS and other resources helpful in navigating the compliance requirements of this groundbreaking law.

Jackson Lewis P.C. © 2019

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About this Author

Principal

Joseph J. Lazzarotti is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. He founded and currently helps to co-lead the firm's Privacy, e-Communication and Data Security Practice, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals.

In short, his practice focuses on the matrix of laws governing the privacy, security and management of data, as well as the impact and regulation of social media. He also...

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Jason C. Gavejian, Employment Attorney, Jackson Lewis, Principal, Restrictive Covenants Lawyer
Principal

Jason C. Gavejian is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. and a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims in both federal and state courts. Additionally, Mr. Gavejian regularly appears before administrative agencies, including the Equal Employment Opportunity Commission, the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. His practice also focuses on advice/counseling employers regarding daily workplace issues.

Mr. Gavejian represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. Mr. Gavejian negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Mr. Gavejian’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Mr. Gavejian regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Mr. Gavejian is the Co-Chair of Jackson Lewis’ Hispanic Attorney Resource Group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm's attorneys to assist in their training and development. Mr. Gavejian also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Mr. Gavejian served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.

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Attorney

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.

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