The California Privacy Protection Agency (“CPPA”) has unveiled draft regulations regarding AI and automated decision-making technologies.  AI and automated decision-making encompasses systems leveraging machine learning, statistics, and data processing to evaluate personal information.  Such technologies not only aid in human decision-making, they also involve individual profiling capabilities, which triggers a potential need to safeguard privacy rights.  The draft regulations include, among other things, provisions for providing notice of AI technology use ...

The California Privacy Rights and Enforcement Act of 2020 (the “CPRA”) expands the privacy rights and protections provided to California consumers pursuant to existing state law, including the California Consumer Privacy Act of 2018 (the “CCPA”). Businesses that are subject to the CPRA must comply with various notice obligations and requirements related to the collection, deletion, sale and sharing of personal information.

This client alert provides a summary of some of the CPRA’s changes to the CCPA, the creation of the California Privacy Protection Agency and the ...

Below is a summary of recent developments for the Food, Beverage and Hospitality industry in terms of Internet laws and regulations. To learn more about these issues and how they affect the industry, join us on October 28, 2020 for our Industry Debrief on the CCPA, CPRA, Data Security and Other Risks.

Consumer Privacy and the CCPA

In June 2018, California enacted one of the most comprehensive privacy laws in the country, the California Consumer Privacy Act of 2018 (the “CCPA”). The CCPA went into effect on January 1, 2020, and started to be enforced by the California Attorney General ...

California's Secretary of State announced that the California Privacy Rights Act (“CPRA”) has qualified for the state's November ballot. Real estate mogul, Alastair Mactaggart, has done it again.  After successfully getting the California Consumer Privacy Act of 2018 (“CCPA”) passed by Sacramento in record time for fear that the CCPA would be on the November 2018 ballot, Mactaggart has once again obtained the required 623,212 signatures to do the same with the CPRA in 2020. If passed, the CPRA would build on the underlying principles of the CCPA by permitting consumers to ...

The fourth and final part of this CCPA client alert series focuses on certain training and record-keeping requirements pursuant to the CCPA.

The California Consumer Privacy Act of 2018 (the “CCPA”) and the related proposed Attorney General Regulations (the “Regulations”) provide California consumers with increased privacy rights and protections with respect to their personal information. Businesses that are subject to the CCPA must comply with various notice obligations and requirements related to the collection, deletion and sale of personal information. The ...

Part three of this CCPA client alert series focuses on the obligations for service providers pursuant to the CCPA.

The California Consumer Privacy Act of 2018 (the “CCPA”) and the related proposed Attorney General Regulations (the “Regulations”) provide California consumers with increased privacy rights and protections with respect to their personal information. Businesses that are subject to the CCPA must comply with various notice obligations and requirements related to the collection, deletion and sale of personal information. The California Attorney General ...

Part two of this CCPA client alert series focuses on how to verify and respond to consumer requests.

The California Consumer Privacy Act of 2018 (the “CCPA”) and the related proposed Attorney General Regulations (the “Regulations”) provide California consumers with increased privacy rights and protections with respect to their personal information. Businesses that are subject to the CCPA must comply with various notice obligations and requirements related to the collection, deletion and sale of personal information. The California Attorney General intends to begin ...

The California Consumer Privacy Act of 2018 (the “CCPA”) and the related proposed Attorney General Regulations (the “Regulations”) provide California consumers with increased privacy rights and protections with respect to their personal information. Businesses that are subject to the CCPA must comply with various notice obligations and requirements related to the collection, deletion and sale of personal information. The California Attorney General intends to begin enforcing the CCPA and the Regulations on July 1, 2020.

This client alert provides a summary of the ...

Does your business collect personal information from California residents?  A person’s name, address, email address, social security number, and driver’s license number are all considered personal information. What about digital information? Does your website track consumers’ browsing histories, search histories, or their interactions with your website or digital advertisements? How about information related to a consumer’s employment history or education? All of the aforementioned are deemed to constitute personal information under the California Consumer ...

As required by the California Consumer Privacy Act of 2018 (the “CCPA”), the California Attorney General’s Office (the “AG”) is hard at work crafting regulations related to the CCPA to be implemented by July 1, 2020.  The CCPA will go into effect on January 1, 2020, but the AG’s enforcement will not be initiated until later that year.  In the meantime, consumers and businesses alike are anxiously awaiting the AG’s first draft of the regulations.  The AG’s regulations are intended to clarify certain ambiguities in the CCPA and outline and implement rules for businesses to ...

As you know by now, the California Consumer Privacy Act of 2018 (“CCPA”) is California’s groundbreaking legislation that grants California residents unprecedented rights and protections regarding the collection and use of their personal information. While the breadth and scope of the CCPA is readily transparent, California’s Attorney General (“AG”) is still in the process of adopting regulations to help implement the act. The AG is currently accepting comments in a series of public forums that began in January, and the California Department of Justice recently ...

Technology procurement is quickly evolving from a tactical, organization-wide undertaking to one that is more strategic and catering to multiple units within a company’s infrastructure. More businesses are taking advantage of things like Bellwether procurement software as a way to improve their procurement process. As a result, the skill set of the CTO, CIO, General Counsel and other members of the procurement team must follow suit. Upgrades used to be about minimizing costs and lowering risks. But those were the old days. Now, the procurement team responsible for software ...

Upgrading a large complex portion of a company’s (“Newco’s”) IT infrastructure can be a daunting task.  However, as its business grows, Newco will want and need to add new capabilities and enhance existing service offerings.  Here is a brief overview of some strategies for helping Newco navigate the process including software and hardware procurement, finding the right systems integrator, negotiating Service Level Agreements (“SLAs”), and ensuring timely on-budget implementation.  

Software and Hardware Procurement

Newco will want to work closely with the Systems ...

California now has the most sweeping and comprehensive privacy rights law in the country — The California Consumer Privacy Act of 2018 (the “Act”).  Some might say the Act is the result of Cambridge Analytica misusing the data of tens of millions of Facebook users.  Others would suggest that the Act is merely the natural and logical progression of inalienable rights of privacy in the digital age.  Whatever the reason, California’s Privacy Bill of Rights for consumers will forever change the way businesses collect and use personal information (“PI”).

Here’s the good news ...

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I sign up? As a consumer, these statements pique my interest. However, if you are the company promoting your products through these kinds of digital advertisements, you may want to choose your words more carefully. While the Internet and an ever expanding universe of technology platforms are connecting companies and consumers at an unimaginable rate ...

As is increasingly reported, there is a battle raging in today’s marketplace between companies with new technology platforms and content creators from the entertainment community. On the one hand, are computer science engineers and programmers developing new and better code, creating more complex algorithms, and building ever expanding server farms at a breakneck pace, all to give the consumer cheaper, faster, and more mobile access to music, movies and television. On the other hand, are musicians, writers, movie and television producers and broadcasters, all trying to ...