2020 CCPA Final Regulations: Approved Modifications and Extensions of Employee and Business-to-Business Exemptions

Modifying Marketing Policies and Corporate Agreements for Compliance With New Regulations

A live 90-minute CLE webinar with interactive Q&A


Thursday, November 5, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, October 9, 2020

or call 1-800-926-7926

This CLE webinar will guide counsel in modifying mobile communications marketing policies and other corporate contracts to comply with the modifications to the California Consumer Privacy Act (CCPA) based upon the final regulations adopted in August 2020. The panel will outline the nuances of these new regulations, challenges businesses are facing in developing compliant marketing programs, and best practices for avoiding government enforcement actions and civil litigation.

Description

In August 2020, the long-awaited CCPA regulations were finalized and will significantly impact businesses, whether located inside and outside of California. Additionally, the exemptions for employees' and business-to-business contacts' data are likely to be extended beyond January 2021.

The regulations go into effect immediately after an extensive rulemaking process. Among the major changes are removals of specific requirements of businesses to obtain consent from consumers about using previously collected information and restrictions on subscribe/unsubscribe requests. The rules regarding financial incentives were a source of confusion and debate throughout the rulemaking process and subject to several changes.

Corporate counsel must prepare to modify their marketing policies, terms and conditions, statements of use, and related agreements between businesses and consumers. The use of text messages, mobile apps, and other wireless communications to promote products and services must comply with the current CCPA requirements, and corporate counsel must understand the intricacies regarding express written consent and recordkeeping to minimize the risk of penalties and lawsuits.

Listen as our authoritative panel of attorneys provides an update on CCPA requirements related to the finalized regulations and best practices for modifying marketing policies to ensure compliance.

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Outline

  1. History of CCPA approval
    1. August 2020 final regulations
    2. November 2020 ballot initiatives
  2. Final regulations
    1. Notice issues
    2. Consumer rights requests
    3. Non-disrimination and loyalty programs
      1. Examples of discrimination under CCPA
      2. How to calculate the value of consumer PI
    4. Service providers
      1. Vendor agreements and CCPA rider requirements
      2. Service provider obligations
      3. Business, service provider, or third party
    5. Minors
      1. Notice of sale of minors' PI
      2. Opt-in requirement
    6. Households
      1. Household PI
      2. Responding to request for household PI
      3. Minors' PI in household data
      4. Limits to right to know or right to delete
    7. Training and records
      1. Recordkeeping requirement
      2. New privacy policy disclosure requirement
    8. Sale and reasonsable security
      1. Reasonable security standards
      2. CCPA sale of PI risk assessment
      3. Intersection with the new data broker law

Benefits

The panel will review these and other issues:

  • What are the CCPA's final regulation requirements and how does the CCPA impact businesses outside of California?
  • What are the financial incentives for CCPA compliance?
  • What measures should companies take to ensure that their written consent practices comply with the CCPA rules?
  • How should counsel manage the ambiguities of the rules concerning automated dialing systems?

Faculty

Burstein, Aaron
Aaron J. Burstein

Partner
Kelley Drye & Warren

Mr. Burstein provides legal advice on privacy, information security, and marketing laws and best practices, including...  |  Read More

Friel, Alan
Alan L. Friel

Partner
Baker & Hostetler

Mr. Friel leads the firm’s U.S. Consumer Privacy practice, which counsels clients on compliance with the...  |  Read More

Manek, David
David Manek

Senior Managing Director
Ankura Consulting Group

Mr.  Manek's global practice focuses on data analytics, cyber, data privacy, e-discovery, and digital...  |  Read More

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