CCPA goes into effect on Wednesday with a few exceptions

On Wednesday, the California Consumer Privacy Act (CCPA) goes into effect. Cal. Civ. Code §1798.198. Even though the law will go into effect and its legal requirements will be in place, the actual regulatory requirements detailing how to comply with the law are not yet finalized. We blogged about the proposed regulations earlier this year, and NAFCU filed its comments with the California DOJ. Final implementing regulations are expected to be released by the California DOJ no earlier than April.

The CCPA specifies that the California Attorney General shall not bring any enforcement actions under the CCPA until the earlier of six months after the publication of final implementing regulations or July 1, 2020. Cal. Civ. Code §1798.185(c). Given that the final regulations are not expected until April, it is likely the July 1, 2020 date will be the applicable timeline that enforcement could begin.

The CCPA applies to the personal information of a consumer who is a California resident. The CCPA does not care about the context during which the information is collected. An individual’s personal information could be collected in connection with the opening of a consumer account or loan, but it could also be collected in connection with the individual serving as a beneficial owner of a member business, an authorized signor for a corporate account, or as an employee of the credit union. Because the personal information of an individual California resident would be collected in these situations, the rights and requirements of the CCPA would apply under the current law. Amendments to the CCPA did delay its applicability to these situations.


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