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Personal Information California Consumer Privacy Act (CCPA) Third-Party Service Provider

White & Case LLP

CCPA Settlement Illustrates Continued Focus on the Sale of Consumer Personal Information

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On February 21, 2024, California Attorney General Rob Bonta ("Cal AG") announced that his office reached a settlement with DoorDash, the food delivery service company, for violating the California Consumer Privacy Act...more

Benesch

Privacy Points 2023: Contractual Provisions Required as New State Laws Regulate the Sharing and Processing of Personal Information...

Benesch on

The ability to verify compliance with applicable law, notice and opt-out requirements for subcontractors, and flowing through data minimization principles are key requirements under new US state data protection laws. As...more

Dechert LLP

California AG Throws A Stake in the Ground on “Sales” With $1.2 Million Fine

Dechert LLP on

On August 24, 2022, California Attorney General (“CA AG”) Rob Bonta announced a settlement with Sephora USA, Inc. that includes a $1.2 million fine—the first monetary penalty imposed under the CCPA. The settlement also...more

Pillsbury Winthrop Shaw Pittman LLP

Landmark Federal Privacy Bill Clears First Congressional Hurdle

American Data Privacy and Protection Act would require organizations to limit collection of personal information, grant consumers access to their own data, enhance data protections for children, mandate implementation of...more

Wyrick Robbins Yates & Ponton LLP

To-Do in 2022: Top 5 Data Protection Contracting Tasks

Since 2018, a consistent stream of newly adopted privacy laws and other regulatory developments (such as GDPR, CCPA, Schrems II, and the new EU Standard Contractual Clauses) has required companies to make regular updates to...more

BCLP

The CPRA Digest: Contracting with “Contractors”

BCLP on

On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”)...more

Ervin Cohen & Jessup LLP

Can Companies Be Liable If Third-Party Contractors Suffer Data Breaches?

The California Consumer Privacy Act became effective on Jan. 1. Included among its provisions is the grant of a private right of action on behalf of any consumer “whose nonencrypted and nonredacted personal information…is...more

BCLP

Do most retailers take the position that the use of third party behavioral advertising cookies is, or is not, the “sale” of...

BCLP on

Retailers are divided about whether the use of third party behavioral advertising cookies do, or do not, constitute the sale of personal information. One in four retailers (28%) utilize behavioral advertising cookies and take...more

BCLP

Does the CCPA require a cookie banner when a business uses third-party persistent cookies?

BCLP on

No. it is not clear whether persistent third party cookies do, or do not, constitute “personal information” under the CCPA.  Among other things, whether the cookie can “reasonably be linked” to a particular consumer or...more

BCLP

If a business collects personal information on behalf of another business (e.g., a call center, an investigator, or an independent...

BCLP on

No. Under the final regulations promulgated by the California Attorney General, where a business collects information as a service provider for another business, the service provider has no obligation to present its...more

ArentFox Schiff

CCPA Data Processing Agreements with Vendors: Considerations for Ready-Made Forms

ArentFox Schiff on

The California Consumer Privacy Act (CCPA) went into effect January 1, 2020 and created several rights for California residents, including the game-changing right to opt-out of the sale of personal information. ...more

Ervin Cohen & Jessup LLP

California Consumer Privacy Act: Service Providers

Part three of this CCPA client alert series focuses on the obligations for service providers pursuant to the CCPA. The California Consumer Privacy Act of 2018 (the “CCPA”) and the related proposed Attorney General...more

BCLP

Do companies have to “flow down” access requests to service providers?

BCLP on

Probably. When a business receives a request from a consumer to access the personal information that the business has “collected,” it must decide whether to grant the request or to deny it based upon one of the exceptions...more

BCLP

Can a service provider refuse a deletion instruction from a business under the CCPA?

BCLP on

Yes. Unless a service provider has contractually agreed otherwise, they can refuse an instruction to delete personal information that they receive from their client (i.e., the business for whom the service provider was...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert l March 2020

Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more

BCLP

Is information shared with map services considered a “sale” under the CCPA?

BCLP on

Maybe. Many online businesses utilize map services to provide location, distance, and direction information to consumers. The provision of map services inherently requires the business to share consumers’ personal...more

BCLP

Is information shared with “bot” detection services considered a “sale” under the CCPA?

BCLP on

Maybe. Many online businesses utilize “bot” detection services to determine whether actions taken on a website or application have been made by a human or by an automated program (i.e., a “bot”). The provision of bot...more

BCLP

Is information disclosed by a business to a third party that provides services considered a “sale” under the CCPA?

BCLP on

The CCPA broadly defines the term “sale” as including the act of “disclosing” or “making available” personal information “for monetary or other valuable consideration” from one business to another. This arguably could include...more

Eversheds Sutherland (US) LLP

Twisting in the Wind - California Attorney General issues revised CCPA regulations

On February 10, 2020, the California Attorney General published revisions to the proposed regulations (Revised Regulations) to implement the California Consumer Privacy Act of 2018 (CCPA). The changes largely clarify and...more

BCLP

Is the disclosure of personal information for purposes of creating a look-alike audience a “sale” under the CCPA?

BCLP on

Sometimes. Many companies today use “look-alike audiences” (a.k.a “mirror audiences” or “similar audiences”) to reach potential consumers through online advertising. A look-alike audience is created when a business sends...more

Dorsey & Whitney LLP

Adding AdTech to the CCPA Equation: The Importance of Third-Party Vendor Compliance

Dorsey & Whitney LLP on

The arrival of the California Consumer Privacy Act (CCPA) on January 1, 2020 brings steep risk for companies that collect information on California residents. In particular, and among other statutory penalties, a business...more

ArentFox Schiff

CCPA’s Potential Impact in the Automotive Space

ArentFox Schiff on

While the California Consumer Privacy Act has impacted businesses in all sectors, one industry that has been steadily barreling toward compliance is the automotive industry. Simply put: The new “oil” in the automotive sector...more

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