After many months and several rounds of revisions, the Office of the California Attorney General has finally submitted the final proposed regulations package under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL).
The complete package, which includes the Final Text of Proposed Regulations and the Final Statement of Reasons, was submitted on June 1, 2020. A comparison between the most recent second modified regulations – which were released on March 27, 2020 – and the Final Text of Proposed Regulations reveals very few changes. In fact, the changes were entirely grammatical, with no substantive revisions. This means that the last round of revisions, summarized here, will be implemented.
OAL is responsible for reviewing administrative regulations proposed by state agencies for compliance with the standards set forth in California’s Administrative Procedure Act. Once submitted, OAL has 30 working days to conduct a review of the rulemaking record, after which it will either disapprove the rulemaking action, or approve and file the proposed regulation with the Secretary of State. Generally speaking, regulations become effective on one of four quarterly dates based on when the final regulations are filed with the Secretary of State – for regulations filed between June 1 and August 31, that date is October 1. Effective dates can vary, however, depending on a number of circumstances. California Attorney General Xavier Becerra has asked OAL to expedite the review of the regulations so that they may take effect on July 1. Becerra has made clear that his office is committed to enforcement of the CCPA beginning on July 1.
In addition to these dates, practitioners are also awaiting final decisions and/or amendments with respect to the CCPA exceptions that apply to employee data as well as data that is considered as being transferred from “business to business.” The Attorney General’s Office has acknowledged that the current exemptions will sunset on January 1, 2021 and that there is potential for amendments associated with these pockets of data.
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