Ed. Note: This is the eighth installment in a year-long series the WLF Legal Pulse is hosting of “frequently asked questions” on two California laws aimed at protecting the privacy of digital personal data. The author of the posts, David Zetoony of Greenberg Traurig LLP, authored a book on the laws for the American Bar Association from which this and future FAQs are excerpted. We thank the American Bar Association for granting us permission to share them with our readers.
Data privacy has become one of the greatest areas of risk and concern for business. It is also quickly becoming a heavily regulated field with the adoption in Europe of the General Data Protection Regulation (GDPR) in 2016 and the adoption in California of the California Consumer Privacy Act (CCPA) in 2018 and the California Privacy Rights Act (CPRA) in 2020. Some states, such as Colorado and Virginia, have already followed California in enacting data privacy regulation; many others are considering it. The American Bar Association (ABA) recently published a Desk Reference Companion to the CCPA and the CPRA, a book authored by David Zetoony the Co-Chair of the United States data privacy and security practice at Greenberg Traurig LLP. The book is designed to help in-house counsel understand the intricacies of California’s complex privacy regulations by providing answers to 516 of the most frequently asked questions from business. The following excerpt was reproduced with the permission of the ABA.
The net result is that companies can choose how they want to label their disclosure of privacy practices, so long as their label would be understood by a reasonable person.
- Cal. Bus. & Prof.. Code § 22577(b)(3)(A) (West 2021).
- Cal. Civ. Code § 1798.130(a)(5) (West 2021).
- Cal. Code Regs. tit. 11, § 999.304(a) (2021).
- See also Article 29 Working Party, Guidelines on transparency under Regulation 2016/679, 17/EN/ WP 260 rev. 1, at 8, 14 (Adopted on 29 November 20017) (Last revised and Adopted on 11 April 2018).
- See FTC, Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Business and Policymakers (March 2012).