Regulatory and Industry News Alerts from Armanino
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CA Provides Update on CCPA Enforcement and Debuts New Tool to Notify Businesses of Violations

by Mirena Taskova, Pippa Akem
July 27, 2021

On July 19, the California Attorney General (AG) provided a long-awaited update on the progress of enforcement actions against businesses that violate the California Consumer Privacy Act of 2018 (CCPA) and introduced a new tool for consumers to notify businesses of CCPA violations.

Enforcement Results Are Encouraging

The state started CCPA enforcement activities a year ago. The AG’s update provided some context and numbers on how businesses are responding to notices of alleged violation.

The AG noted that 75% of businesses, upon receiving a notice of an alleged violation, remediated the violation within the 30-day statutory cure period, while the remaining 25% of businesses receiving a notice of alleged violation were either within the 30-day cure period or being investigated.

The news around the percentage of businesses responding within the statutory time to cure a CCPA violation is encouraging when you consider the swift changes triggered by the CCPA and businesses not knowing whether their chosen strategy, processes, procedures and tool implementation were sufficient to meet their CCPA obligations.

New Online Tool

The AG also announced the launch of a new online tool that consumers can use to notify businesses of potential CCPA violations. The online tool will address consumer concerns such as a business failing to provide a clear and easy-to-find “Do Not Sell My Personal Information” link on their homepage.

Consumers using the tool can walk through informative questions about the CCPA and the rights afforded or protected by the privacy legislation. The encounter then generates a notification that can be sent to the business. This notification may trigger the 30-day period for the business to cure their violation, a prerequisite to the AG bringing an enforcement action.

Insights

If your business is subject to the CCPA, we encourage you to review the AG’s press release and ensure this new online tool is documented in your consumer requests workflow.

Briefly mention in your written consumer procedures that a new tool is now available to consumers, and that the tool helps consumers draft a notice of noncompliance for a hard-to-find “Do Not Sell My Personal Information” link on a website to send to the business. Your consumer requests handlers should watch out for these notices, which a consumer may elect to send via email or print and mail to you.

To read the press release, click here; you can find the new Consumer Privacy Interactive Tool here.

For CCPA questions or assistance, reach out to our privacy experts.

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Authors
Mirena Taskova - Managing Director, Privacy & Cybersecurity - San Jose CA | Armanino
Managing Director, Head of Privacy and Cybersecurity
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