The California Privacy Protection Agency (Agency) has regained its ability to enforce regulations under the California Privacy Rights Act (CPRA) after a legal battle with the California Chamber of Commerce. The CPRA, enacted in 2020, called for regulations to be issued with enforcement set to begin by July 1, 2023. However, the Agency adopted regulations in March 2023, just a few months before the enforcement deadline. The Chamber of Commerce successfully obtained an injunction, arguing that businesses needed a one-year period to comply with the regulations. The Third District Court of Appeal restored the Agency's enforcement powers on February 9, 2024, ruling that there was no requirement for a one-year gap between adoption and enforcement. Click here for article.
CPRA Regulations: Enacted in 2020, the CPRA required the Agency to issue regulations, with enforcement scheduled to begin by July 1, 2023.
Legal Battle: The California Chamber of Commerce obtained an injunction to delay enforcement, arguing that businesses needed a one-year period to comply with the regulations.
Court Ruling: The Third District Court of Appeal ruled in favor of the Agency, stating that there was no requirement for a one-year gap between adoption and enforcement of the regulations.
Immediate Enforcement: With the injunction lifted, the Agency can now enforce the regulations immediately. Covered employers must ensure compliance with the new regulations.
Impact: The legal battle allowed covered employers nearly a full year to prepare for compliance with the revised regulations. However, with enforcement now in effect, businesses must promptly ensure they are compliant.
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