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California’s Groundbreaking Privacy Law: The New Front Line in the U.S. Privacy Debate

By Michael H. Krimminger, Katherine Mooney Carroll, Pamela L. Marcogliese, Jonathan S. Kolodner, Daniel Ilan, Rahul Mukhi, Alexis Collins, Gareth Kristensen, Jane C. Rosen, Martha E. Vega-Gonzalez & Anne Titus Hilby
July 13, 2018
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On the heels of the European Union’s implementation of the General Data Protection Regulation (“GDPR”) and public outcry over the Cambridge Analytica scandal, on June 28, 2018, California enacted the most comprehensive data privacy law to date in the United States. The California Consumer Privacy Act of 2018 (the “CCPA”) was hastily passed by the California legislature to secure the withdrawal of an even more far-reaching measure that had qualified for the November ballot. Legislative amendments to the law are expected before it goes into effect on January 1, 2020.

The CCPA requires covered businesses to comply with requirements that give California consumers broad rights to know what personal information has been collected about them, the sources for the information, the purpose of collecting it, and whether it is sold or otherwise disclosed to third parties. It also gives consumers the right to access personal information about them held by covered businesses, to require deletion of the information and/or to prevent its sale to third parties. Other key provisions limit the ability of a covered business to discriminate against consumers who exercise their rights under the statute by charging them higher prices or delivering lower quality products or services.  The rights provided under the CCPA are similar in many respects to those afforded EU residents under the GDPR, but there are distinctions in approach on some key issues.

Please click here to read the full alert memorandum.

Photo of Michael H. Krimminger Michael H. Krimminger

Michael H. Krimminger’s practice focuses on U.S. and international banking and financial institutions.

Read more about Michael H. KrimmingerEmail
Photo of Katherine Mooney Carroll Katherine Mooney Carroll

Katherine Mooney Carroll’s practice focuses on advising U.S. and international financial institutions on U.S. regulatory matters, including recent reforms pursuant to the Dodd-Frank Act, regulatory aspects of bank M&A, cybersecurity and privacy matters, and compliance with U.S. sanctions and anti-money laundering laws.

Read more about Katherine Mooney CarrollEmail
Photo of Pamela L. Marcogliese Pamela L. Marcogliese

Pamela L. Marcogliese’s practice focuses on corporate and financial transactions, particularly capital markets matters and corporate governance matters.

Read more about Pamela L. MarcoglieseEmail
Photo of Jonathan S. Kolodner Jonathan S. Kolodner

Jonathan S. Kolodner’s practice focuses on criminal, securities, and other enforcement and regulatory matters as well as on complex commercial litigation.

Read more about Jonathan S. KolodnerEmail
Photo of Daniel Ilan Daniel Ilan

Daniel Ilan’s practice focuses on intellectual property law.

Read more about Daniel IlanEmail
Photo of Rahul Mukhi Rahul Mukhi

Rahul Mukhi’s practice focuses on criminal, securities, and other enforcement and regulatory matters as well as on complex commercial litigation.

Read more about Rahul MukhiEmail
Photo of Alexis Collins Alexis Collins

Alexis Collins’ practice focuses on litigation, including criminal and regulatory enforcement matters and complex civil and antitrust litigation.

Read more about Alexis CollinsEmail
  • Posted in:
    Privacy & Data Security
  • Blog:
    Cleary Cybersecurity and Privacy Watch
  • Organization:
    Cleary Gottlieb Steen & Hamilton LLP
  • Article: View Original Source

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