As companies hustle to follow the new California Privacy Rights Act (CPRA) regulations, they’ve hit a substantial hiccup: there aren’t any yet. The California Privacy Rights Agency (CPPA), the newly-created body with administrative authority over the CPRA’s implementation, has yet to release its finalized regulations. The CPRA takes effect on January 1, 2023, and covered businesses are in the final stretch of completing their compliance programs.

The CPPA has released two draft proposals so far, and the more recent draft is in a public consultation period until November 21, 2022. To make matters even more opaque, the CPPA removed several requirements from the first draft to “simplify implementation at this time,” leaving businesses guessing as to which conditions they will eventually need to follow. Many of these proposed rules define technical requirements for websites and mobile applications, so companies will need a runway to achieve a seamless implementation. Luckily, the CPPA has signaled that it will give businesses a soft grace period before pursuing significant enforcement actions. The CPPA’s most recent draft proposal says that it may “consider all facts it determines to be relevant, including the amount of time between the effective date of the statutory or regulatory requirement(s) and the possible or alleged violation(s) of those requirements, and good faith efforts to comply with those requirements.” Responsible businesses, though, should proceed as if the most recent draft regulations are the law and plan to update once the final draft is released. Otherwise, they might find themselves scrambling to push out complicated technical updates against the January 1, 2023 deadline.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

Photo of Blair Robinson Blair Robinson

Blair Robinson has experience in data privacy and security, cybersecurity, information security governance, information technology (IT), and General Data Protection Regulation (GDPR).  Read her full rc.com bio here.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.