![]() What penalties could businesses face if the Attorney General brings an action against them for violating the CCPA? ![]() One commentator has speculated that politics may play a role in enforcement, while another has noted that, in the past, the Attorney General’s office has targeted only the most serious offenders with the most potential liability. It is currently unclear how aggressive the Attorney General’s office will be in enforcing the CCPA, especially during the period immediately after the Act goes into effect. We explore what it means to cure a violation below. Before the Attorney General’s office can bring an action for a violation of the Act, it must give a business 30 days’ notice to cure the alleged violation. This includes both intentional and unintentional violations. The Attorney General can bring an action against a business for any violation of the Act. When can the Attorney General bring an action against a business? Enforcement of the Act by the California Attorney General We are expecting the first draft of these regulations in October 2019. The Act also requires the Attorney General to seek input from the public and establish rules and procedures “to further the purposes” of the sections of the Act providing for these causes of action by July 1, 2020. Second, “consumers” have a limited private right of action in the event of a data breach involving “nonencrypted or nonredacted personal information.” An overview of who qualifies as a “consumer” is provided in part 1 of this series.First, the California Attorney General can bring actions against non-compliant businesses under Section 17206 of the California Business and Professions Code.Who can bring actions against businesses under the Act?Īs we discussed briefly in part 1 of this series, the CCPA authorizes two types of enforcement actions: You can click on the links above to jump to one of these sections. the ability and impact of curing violations of the CCPA, including the potential impact on how businesses respond to an incident.potential liability for businesses arising out of their business partners’ processing of personal information and.enforcement of the CCPA by consumers, including statutory damages, class action risk and limitations on waiving rights under the Act.enforcement of the CCPA by the California Attorney General, including statutory penalties.With this in mind, we focus this FAQ installment on litigation and regulatory enforcement issues arising from the Act, including: Check back for updates or follow this blog.Īs we approach the Janueffective date of the California Consumer Privacy Act (“CCPA” or “Act”) it is a good time to consider what is at stake for businesses that fail to comply with the Act. This post does not reflect amendments to the California Consumer Privacy Act (CCPA) enacted on October 11, 2019.
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