CCPA Regulations Approved and are Effective Immediately

The California Privacy Protection Agency (CPPA) has finalized its first substantive rulemaking package to further implement the California Consumer Privacy Act (CCPA), which was approved by the California Office of Administrative Law (OAL). The approved regulations are effective immediately.

The California Credit Union League submitted multiple comment letters outlining numerous observations and recommendations. You can view them here (Nov. 15, 2022) and here (April 22, 2022).

According to a CCPA news release, the approved regulations:

• Update existing CCPA regulations to harmonize them with amendments adopted pursuant to Proposition 24, the California Privacy Rights Act (CPRA).
• Operationalize new rights and concepts introduced by the CPRA to provide clarity and specificity to implement the law.
• Reorganize and consolidate requirements set forth in the law to make the regulations easier to follow and understand.
• Place the consumer in a position where the consumer can knowingly and freely negotiate with a business over the business’s use of the consumer’s personal information.

The agency filed the final rulemaking package with OAL on February 14, 2023, initiating a 30-business day review period. This followed the CPPA board’s vote on February 3, 2023 to adopt and approve the agency’s rulemaking package. The regulations have not changed substantively since the agency board voted on modifications made at its October 29, 2022 meeting.

The formal rulemaking process began on July 8, 2022, with the publication of the agency’s notice of proposed rulemaking action in the California Regulatory Notice Register. This followed extensive pre-rulemaking activities, including a series of instructive informational sessions and a set of stakeholder sessions in the spring of 2022, and a request for preliminary comments in the fall of 2021.

The final regulations and supporting materials will be made available on the CPPA website as soon as they are processed, anticipated early next week.