Drafting Vendor Agreements to Comply With California Consumer Protection Act: Preparing for July 1 Enforcement

Meeting CCPA Data Protection and Privacy Requirements, Avoiding Fines and Penalties, Applicability in Other States

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, May 7, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide business and technology counsel on drafting and updating technology vendor agreements to meet the data protection and privacy requirements of the CCPA that went into effect January 1, 2020, and slated for enforcement beginning July 1, 2020. The panel will discuss the origins, applicability, and standards of the CCPA, as well as practical compliance considerations to determine whether the CCPA applies to a business, due diligence tactics for evaluating existing technology vendor agreements, and language that should be incorporated in contracts to ensure compliance.

Description

The CCPA is arguably the most comprehensive privacy regulation in the United States. The CCPA, while inspired by the EU General Data Protection Regulation (GDPR), differs in many significant respects. Companies must direct their attention to the CCPA and compliance with the regulations slated to be enforced beginning July 1, 2020.

Failure to comply with the CCPA may result in litigation, cost businesses steep fines, and present a significant risk to reputation and the loss of customer goodwill. Counsel to U.S. businesses and technology vendors must determine if their clients' vendor relationships are sufficiently covered under the CCPA to the extent it applies. If so, counsel should guide their clients in carefully evaluating and amending vendor contracts to ensure they are in line with the new data protection standards.

Counsel should especially strengthen the terms of the vendor agreements addressing liability and indemnity given the potentially significant litigation risk and sanctions for noncompliance with the CCPA.

Listen as our authoritative panel explains the critical requirements of the CCPA and steps companies and their counsel should take to ensure that their business practices and vendor contracts are compliant.

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Outline

  1. Requirements of CCPA
  2. How the CCPA compares to other data privacy regimes, including the EU's GDPR
  3. Determining when the CCPA applies to a business' practices
  4. Performing due diligence on existing vendor agreements for CCPA compliance
  5. Drafting new vendor contracts or amending existing contracts: language to include

Benefits

The panel will review these and other high priority issues:

  • What are the key features of the CCPA as it relates to vendor relationships and risk exposure?
  • How does one determine if a business is subject to the CCPA?
  • What are steps companies and their counsel should take immediately to ensure vendor agreements comply with the CCPA?
  • What does "sale" of "personal information" and "commercial purposes" mean, and how will that impact planning and compliance?
  • How will the CCPA impact supply chain management, especially between vendors, suppliers, and other relationships?
  • What types of information do I need to ask vendors to provide to demonstrate compliance?
  • With CCPA-like laws enacted by states across the U.S., what are some best practices to adopt in anticipation?

Faculty

Blickensderfer, Steven
Steven Blickensderfer

Attorney
Carlton Fields

Mr. Blickensderfer is a technology lawyer with a litigation background. He is a member of the Firm’s...  |  Read More

Leipzig, Dominique
Dominique Shelton Leipzig

Partner
Perkins Coie

Ms. Leipzig co-chairs the firm’s Ad Tech Privacy & Data Management group. She provides strategic privacy and...  |  Read More

Thomson, Amber
Amber C. Thomson

Attorney
Mayer Brown

Ms. Thomson is a member of the firm’s Cybersecurity & Data Privacy practice and also the firm’s...  |  Read More

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