Conventional wisdom used to hold that “privacy is dead.” However, data privacy has recently sped to the forefront of legislative, regulatory and consumer interest in rapid fashion. Just in the past year, California began enforcing the California Consumer Privacy Act, the expansive 2018 statute which created a series of consumer rights related to the collection, transmission and sale of consumer data. Also in 2020, California voters passed the California Privacy Rights Act which expands data privacy related responsibilities and strengthens enforcement of the CCPA. For covered businesses, CCPA/CPRA can have a broad impact on a company’s marketing and employment practices as well as its relationships with third parties. Understanding the features of California’s new data privacy landscape and how it relates to other domestic and international privacy statutes is essential for covered businesses to understand their risk and responsibilities.
Areas of Expertise
- Data collection, use, transmission and sales
- CCPA/CPRA compliance planning & implementation
- Third party management including data purchases and sales
- Data collection and use best practices
Burnham Brown has consulted on a wide variety of matters relating to CCPA and CPRA compliance. Our experience includes advising small employers on data privacy implications of data collection for job applicants all the way through advising on the design and implementation of CCPA compliance protocols for large, out-of-state payment processors. Burnham Brown regularly engages with clients on an ongoing basis for responding to continual evolution in data privacy-related notice and disclosure requirements.
- CCPA Preparation & Policy Development – Counseled out-of-state payment processor in development full CCPA compliance protocols including review of data collection and use practices, creation of full suite of internal procedures and processes for providing consumer notice and responding to opt-out requests.
- CCPA Compliance for Collection and Use of Employee Data – Counseled in-state restaurant franchisor on collection, retention and use of employee data and applicant data with respect to transmission and sharing practices with franchise.
- CCPA/CPRA Regulatory Guidance – Provided ongoing support to out of state business with respect to CCPA and CPRA regulatory process including analysis of proposed edits and practical changes.
Advice & Counsel
Burnham Brown regularly advises businesses on a variety of issues related to data privacy and data collection practices, including:
- Is your business directly covered by CCPA/CPRA/GDPR or other data privacy statutes and regulations? If not directly covered, do you still have obligations via third parties?
- Best practices relating to internal protocols on data collection and use
- Best practices regarding required notice, such as timing and format
- Payment processors
- Franchise restaurants
- Franchise retail
- Digital Marketing / Adtech
Any questions regarding Data Privacy Law, please contact at Tom Downey 510-835-6716.