Future Proofing Privacy Compliance with Impending State Regulatory Regimes
This article highlights some notable differences between the applicability of the new comprehensive data privacy laws in California, Virginia and Colorado, and their requirements with respect to consumer rights, notice to consumers, vendor management and enforcement.
In 2023 comprehensive data privacy laws in California, Virginia and Colorado will go into effect, reflecting a significant and continually growing state legislative trend. With each of the laws providing for significant penalties for non-compliance, organizations are well-advised to begin preparing in 2022. The rise of comprehensive state legislation began when the California legislature hastily passed the California Consumer Privacy Act (“CCPA”) in 2018. In 2020, shortly after enforcement of the CCPA began, California voters approved the California Privacy Rights Act (“CPRA”), which makes sweeping amendments to the CCPA.
California was followed by Virginia and Colorado, which each passed comprehensive data privacy legislation in 2021. Similar to the privacy principles-based regulation in Europe which culminated in the General Data Protection Regulation (“GDPR”), all of these laws are designed to give consumers more control over their personal information and obligate businesses to be transparent about their privacy practices. Each law also includes unique regulatory requirements which will be challenging to operationalize across different jurisdictions. This article highlights some notable differences between the applicability of the laws and their requirements with respect to consumer rights, notice to consumers, vendor management, and enforcement.
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“Future Proofing Privacy Compliance with Impending State Regulatory Regimes,” by Alex C. Nisenbaum, Sharon R. Klein, and Karen H. Shin was published in the April 2022 edition of Pratt’s Privacy & Cybersecurity Law Report (Vol. 8, No. 3), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.