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Prop 24-CPRA Passed, What’s Next?

Daniel Barber, November 6, 2020

Earlier this week, Proposition 24 passed in California. Rest assured, we’ve got your back.  

At DataGrail, we’ve been closely following the implications of CPRA (California Privacy Rights Act, sometimes also referred to as CCPA 2.0) and intentionally designed our platform with enough flexibility and agility to evolve and scale as new regulations emerge, or existing regulations change. 

Our promise to customers, both current and future, is this: regardless of how Prop 24 may affect your business, we’ll be at your side through it all. Prop 24 may not go into effect until January 1, 2023, but we’re very aware that what may appear to be a small change may require new automation or research on the backend for your business. For example, the changing definition of ‘selling personal data’ to include the sharing of personal data may require an entirely different set of rules and policies for some companies. The good news is that the DataGrail platform was always designed from the ground up to allow for changes to be easily folded into the system. As a result, we intend to have the platform support configurable product options to reflect and satisfy nuances in the updated regulations. 

We believe there are three big takeaways:

  1. The CPRA aligns more closely with its sister regulation in the EU — GDPR.  It includes employees as data subjects and gives consumers more rights, but also clarifies some concepts lacking clarity in the CCPA. It also imposes specific obligations on service providers and contractors.  
  2. It creates a new administrative agency to help enforce and regulate privacy for Californians, which could lead to more regulations. Stronger enforcement is also highlighted by higher fines when minors’ personal data are involved.
  3. For consumers, CPRA provides stronger protection, giving them the right to further limit the use and disclosure of their information, including precise geolocation.  

Key dates:

  • Passed Nov 3 2020
  • Effective date: January 2023 
  • Look back period: starting January 2022 (employee privacy requests enforceable from January 2022)

Privacy regulations have gone through many changes over the past few years and will likely continue to expand as consumers continue to demand more control over their personal data. As has widely been speculated, the passing of Proposition 24 potentially sets the stage for a wider, more-encompassing federal bill. Companies that have privacy programs in place now will ultimately be better positioned to manage future regulations down the road.

Regardless of the changes that are yet to come, DataGrail is committed to being your partner every step of the way. Subscribe to our Weekly Grail to stay informed on industry news, and check back often for answers to some of the more complex questions as we dive deeper into CPRA.

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