Editor's Note: This article was originally published on the Maurice Wutscher blog and is republished here with permission.


On June 1, the Office of the California Attorney General filed its proposed Final Text of Regulations relating to the California Consumer Privacy Act (CCPA) with the California Office of Administrative Law.  

The regulations are identical to the Second Modified Regulations issued by the attorney general on March 11. Any changes would have required an additional notice and comment period.

Pursuant to the California Administrative Procedure Act, the OAL has 30 days to review the attorney general’s documents to ensure compliance with rulemaking standards.  This means the regulations could become effective and enforceable by July 1, 2020, the deadline set forth in the CCPA.  The attorney general notes, however, that the 30-day review period could be extended an additional 60 days pursuant to the COVID-19 Executive Order N-40-20 issued by Gov. Gavin Newsom on March 30.

The attorney general’s website contains an impressive amount of information relating to its CCPA rulemaking process, including:

  • the reasons for each modification made since the original proposed regulation;
  • its responses to comments submitted, with cross references to the specific parties that submitted the comments; and
  • transcripts from the four public hearings.

The CCPA became effective on Jan. 1, 2020, and the filing of the regulations marks the near end to what has been an eight-month rulemaking process.  It is anticipated the OAL will approve the regulations, so businesses subject to the CCPA should follow through with final updates to their CCPA policies and procedures. The attorney general can seek civil penalties up $2,500 for each non-intentional violation and up to $7,500 for each intentional violation.

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