California’s voters enacted the California Privacy Rights Act (the “Act”) in 2020 which called for regulations to be issued and that businesses would have time to adapt to the regulations with enforcement of regulations by July 1, 2023. However, the Agency created by the Act took a long time to adopt regulations, doing so on March 29, 2023—just a few months before enforcement was set to take place. At that point, the California Chamber of Commerce successfully enjoined the Agency from enforcing its regulations for another year. The Agency filed a petition for extraordinary writ relief, and on February 9, 2024, the Third District Court of Appeal restored the Agency’s ability to enforce the new regulations.

The Agency’s ability to enforce the regulations is now restored. Thus, the revised regulations, adopted in March 2023, are now in effect and the Agency may begin enforcement immediately.

All covered employers must ensure that they are in compliance with these new regulations. If you are uncertain whether you comply immediately contact your legal counsel.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.