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Flag of California, depicting a large brown bear beside a red star, above the words "California Republic."

CCPA + CPRA Timeline of Key Events

California, Resource, State Privacy Laws, United States
[Updated: August 30, 2023] As the first comprehensive state privacy law to provide broad consumer rights over personal information, the California Consumer Privacy Act of 2018 (“CCPA”) is a groundbreaking privacy law in the United States, and it paved the way for subsequent state comprehensive privacy laws. However, the road to progress is rarely smooth, and the CCPA has experienced a long and arduous journey toward changing how covered entities handle Californians’ personal information. To capture the breadth of this journey, we created the following timeline, which catalogues key events from the CCPA’s inception to its current state.
  October 12, 2017 – Alastair Mactaggart, Rick Arney, and Mary Stone Ross file a ballot initiative containing the preliminary language of the CCPA.[1] December 18, 2017 – The CCPA is proposed as a ballot proposition by Californians for Consumer Privacy. The California Attorney General approves the initiative’s language, allowing the group to begin collecting signatures to qualify the initiative for the November 2018 election.[2] February 13, 2018 – Assemblymember Ed Chau introduces SB 1121 to the California Senate Committee on Rules, a bill with language similar to the CCPA ballot initiative.[3] May 13, 2018 – Mactaggart’s group, now called Californians for Consumer Privacy, claim they have submitted over 600,000 signatures, surpassing the 366,000 minimum needed to qualify the initiative for the November 2018 ballot.[4] June 22, 2018 – California legislators negotiate an agreement with Californians for Consumer Privacy to pass a substantially similar version of the CCPA in exchange for the withdrawal of the ballot proposition.[5] June 25, 2018 – California Secretary of State Alex Padilla confirms receipt of the required signatures, and will certify the initiative as qualified for the November 2018 ballot.[6] June 28, 2018 – Californians for Consumer Privacy withdraws the ballot initiative.[7] The California legislature approves the CCPA, and California Governor Edmund Brown signs the bill into law.[8] September 13, 2018 – The California legislature passes amendments to the CCPA, clarifying the law’s private right of action and certain other provisions.[9] September 25, 2019 – Alastair Mactaggart, Board Chair and Founder of Californians for Consumer Privacy, files an initiative for the California Privacy Rights Act (“CPRA”) to appear on the November 2020 ballot.[10] Mactaggart hopes the CPRA will modify the CCPA’s statutory language, in part, by providing consumers with additional privacy rights and establishing a new authority dedicated to protecting these rights, the California Privacy Protection Agency (the “Agency”). October 11, 2019 – The California Attorney General releases a notice of proposed CCPA regulations, seeking to clarify the law’s obligations on businesses.[11] California Governor Gavin Newsom signs five CCPA amendments into law:
  • AB 25, which temporarily excludes employment information from many of the CCPA’s requirements until January 1, 2021.[12]
  • AB 874, which excludes “publicly available information” from the definition of personal information and clarifies that deidentified or aggregate information is not personal information.[13]
  • AB 1146, which exempts certain vehicle and vehicle ownership data from the law.[14]
  • AB 1355, which modifies how businesses make privacy rights disclosures to consumer and allows for differential treatment of consumers related to the value of the consumer’s information to the business.[15]
  • AB 1564, which modifies how covered businesses must allow consumers to submit privacy rights requests.[16]
November 13, 2019 – Californians for Consumer Privacy submit the final draft of the CPRA ballot initiative, which includes substantive changes to previous drafts.[17] December 6, 2019 – California Attorney General releases a 250-page document detailing public comments received regarding the CCPA and proposed CCPA regulations.[18] December 17, 2019 – California Attorney General Xavier Becerra releases the title and summary for the CPRA initiative that Mactaggart filed on September 25, 2019.[19] With this release, the Californians for Consumer Privacy group can begin collecting signatures to qualify the CPRA for the November 2020 ballot. January 1, 2020 – The CCPA takes effect.[20] Covered entities have until June before enforcement begins. February 3, 2020 – The first legal complaint citing the CCPA is filed in the Northern District of California. Plaintiffs sue Hanna Andersson and Salesforce.com over a data breach suffered by Hanna Andersson.[21] February 10, 2020 – California Attorney General issues a set of proposed modifications to the proposed CCPA regulations.[22] March 11, 2020 – California Attorney General issues another set of proposed modifications to the proposed CCPA regulations, which includes removing an opt-out icon requirement.[23] March 17, 2020 – A group of advertising companies sends the California Attorney General a letter requesting a delay in CCPA enforcement, citing the COVID-19 pandemic as the reason.[24] May 4, 2020 – Californians for Consumer Privacy announce that they have submitted over 900,000 signatures to qualify the CPRA for the November 2020 ballot.[25] June 1, 2020 – California Attorney General submits the proposed CCPA regulations to the California Office of Administrative Law.[26] June 8, 2020 – Californians for Consumer Privacy file a petition in state court, contending that the California Secretary of State failed to verify the signatures necessary to place the CPRA on the November 2020 ballot. The group requests that the court order the Secretary of State to direct local election officials to report the results of signature sampling and therefore allow the CPRA ballot initiative to be certified in time.[27] June 19, 2020 – A California judge grants Californians for Consumer Privacy’s petition, ordering counties to finish verifying signatures to qualify the CPRA for the November 2020 ballot.[28] June 25, 2020 – The CPRA qualifies for the November 2020 ballot as Proposition 24.[29] July 1, 2020 – The CCPA becomes enforceable by the California Attorney General.[30] August 14, 2020 – The CCPA regulations submitted by the California Attorney General on June 1, 2020, take effect.[31] September 25, 2020 – California Governor Gavin Newsom signs AB 713 into law, establishing new CCPA exemptions for certain types of medical and health information.[32] September 29, 2020 – California Governor Gavin Newsom signs AB 1281 into law, extending CCPA exemptions for employment data and business-to-business data until January 1, 2022, conditional upon the CPRA ballot initiative not being approved.[33] However, the ballot initiative is later approved, and the CPRA amends the CCPA by extending the exemptions to January 1, 2023.[34] November 3, 2020 – California voters approve Proposition 24, the CPRA.[35] The CPRA amends the statutory language of the CCPA, notably by providing consumers with additional privacy rights, establishing enhanced obligations for covered businesses, and establishing a new authority dedicated to protecting these rights, the Agency. [36] The CPRA’s amendments also empower the Agency to implement and enforce the amended CCPA statute, which includes calling on the Agency to adopt implementing regulations by July 1, 2022, with enforcement commencing a year later on July 1, 2023.[37]
NOTE: Regarding the CCPA’s dual enforcement The California Constitution establishes the Attorney General as the state’s chief law officer, vesting the position with broad powers to ensure the state’s laws are uniformly and adequately enforced.[38] This authority includes enforcing the CCPA, which expressly recognizes that the Attorney General may bring civil actions against violators.[39] Yet, in a legislative move that distinguishes California from other states with comprehensive privacy laws, the CCPA (via the CPRA amendments passed on November 3, 2020) also vests the Agency with authority to bring administrative actions against violators.[40] This creates a dual enforcement mechanism: the Attorney General can bring civil actions; the Agency, administrative actions. Both authorities are enforcing the same statutory text of the CCPA and its supplemental regulations, but each authority uses a different procedural means of achieving that enforcement. Furt6hermore, in accordance with its Constitutional authority as chief law officer, the Attorney General can request the Agency stay an administrative action or investigation to allow the Attorney General an opportunity to determine whether to pursue an investigation or action.[41] The Agency cannot do the same to the Attorney General.
January 1, 2021 – Had the CPRA not amended the CCPA’s statutory language, the CCPA’s employment data and business-to-business (“B2B”) data exemptions would have expired on this day. This would have obligated covered businesses to extend privacy rights to employees, contractors, and job applicants.[42] However, the CPRA amendments extended these exemptions to January 1, 2023.[43] March 15, 2021 – Amendments to the CCPA regulations, which had become operative on August 14, 2020, come into effect.[44] June 2021 – California Attorney General commences an enforcement sweep of large retailers to determine whether they violate the CCPA by continuing to sell personal information after a consumer signals an opt-out via Global Privacy Control (“GPC”).[45] October 4, 2021 – Ashkan Soltani is selected as the Executive Director of the Agency.[46] In this role, Soltani must carry out the day-to-day operations of the Agency, which includes building and leading the Agency, overseeing the Agency’s enforcement activities, and building public awareness. October 5, 2021 – California Governor Gavin Newsom signs AB 694 into law, which amends the CPRA’s statutory amendments by clarifying the Agency’s rulemaking authority and changing certain definitions and exemptions.[47] Governor Newsom also signs AB 825 into law, which amends the CCPA’s definition of personal information to include genetic data.[48] October 8, 2021 – California Governor Gavin Newsom signs AB 335 into law, which exempts certain vessel information from the CCPA’s right to opt out.[49] October 21, 2021 – The Agency notifies the California Attorney General that it is prepared to assume rulemaking responsibilities.[50] Rulemaking authority will transfer to the Agency six months after this notice. January 1, 2022 – The CPRA’s 12-month lookback period for collected personal information commences.[51] While the CPRA amendments to the CCPA will not take effect until January 1, 2023, the law provides consumers with the right to know what information a covered business has collected from them going back 12 months (i.e., January 1, 2022). May 5, 2022 – The California Office of Administrative Law (OAL), pursuant to Section 100 of OAL’s regulations, approves the transfer of the existing CCPA regulations to Title 11, Division 6, a new division of the California Code of Regulations that is under the jurisdiction of the Agency.[52] This transfer represents the beginning of the Agency’s rulemaking role.[53] July 1, 2022 – The Agency fails to meet the statutory deadline to finalize and adopt CPRA regulations. However, the CPRA’s statutory amendments to the CCPA become fully enforceable. July 8, 2022 – The Agency releases a notice of proposed CPRA regulations, which will update existing CCPA regulations to harmonize them with CPRA amendments to the CCPA, operationalize new privacy rights and obligations introduced by the CPRA, and consolidate requirements set forth in the law to make the regulations easier to follow and understand.[54] August 23, 2022 – California Attorney General Rob Bonta, based on findings from the June 2021 enforcement sweep, brings a complaint against Sephora, Inc., the French multinational retailer of personal care and beauty products, alleging Sephora violated the CCPA by failing to satisfy its notice obligations under the law, failing to provide a “Do Not Sell . . .” link on its website, and failing to honor opt-out signals sent by consumers using GPC.[55] August 24, 2022 – Sephora agrees to a settlement with the California Attorney General, resolving allegations that the company violated the CCPA.[56] The settlement requires Sephora to pay $1.2 million and, in part, to honor opt-out signals sent by consumers using GPC. August 31, 2022 – The California legislature adjourns without enacting Assembly Bill 1102,[57] which would have extended the CCPA’s employment data and business-to-business (“B2B”) data exemptions to January 1, 2025.[58] The exemptions are set to expire on January 1, 2023. October 27, 2022 – The Global Privacy Assembly votes to admit the Agency as a full voting member.[59] The Global Privacy Assembly is an international forum of over 130 data protection and privacy authorities, and the Agency joins the Federal Trade Commission as the second voting member from the United States. November 3, 2022 – The Agency releases a notice of proposed modifications to the proposed CPRA regulations.[60] January 1, 2023 – The CPRA amendments to the CCPA become fully operational. The CCPA’s employment data and B2B data exemptions expire, making the CCPA’s privacy rights applicable to employees, contractors, and job applicants.[61] February 3, 2023 – The Agency votes to adopt and approve the CPRA regulations.[62] February 10, 2023 – Pursuant to the CPRA amendments directing the Agency to issue regulations, the Agency issues an invitation for preliminary comments on proposed rulemaking on cybersecurity audits, risk assessments, and automated decision making.[63] February 14, 2023 – The Agency files the final CPRA regulations with the California Office of Administrative Law, initiating a 30-business day review period.[64] March 30, 2023 – The California Office of Administrative Law approves the CPRA regulations, making them effective immediately and leaving covered businesses with only three months to satisfy the requirements before the original July 1, 2023 enforcement date.[65] Later that day, the California Chamber of Commerce brings suit against the Agency, seeking a delay of enforcement of the CPRA regulations for a period of one year.[66] May 12, 2023 – The Asia Pacific Privacy Authorities (“APPA”) vote to admit the Agency as a member.[67] The APPA provides members with the opportunity to exchange best practices related to the management of privacy inquiries and complaints, and the Agency joins the Federal Trade Commission as the second member organization from the United States. June 30, 2023 – One day before the CPRA regulations would have become enforceable, the Sacramento County Superior Court grants the Chamber of Commerce’s request for an injunction and delays enforcement of the CPRA regulations until March 29, 2024.[68]
NOTE: Leveraging the delay to satisfy the CPRA regulations While the immediate enforcement date of the CPRA regulations remains uncertain due to the Agency’s appeal of the trial court’s injunction, businesses should not see this uncertainty as a reason to ignore the CPRA regulations. The delayed enforcement of the CPRA regulations is exactly that: a delay, not a termination. Businesses should use this time to ensure their practices and policies align with both current requirements and the delayed regulations looming on the temporal horizon. The Agency and the California Attorney General have signaled an eagerness to enforce the stayed regulations and will likely use this time to rev up its Enforcement Division in preparation for the inevitable day when the regulations become enforceable.
July 1, 2023 – Had the Sacramento County Superior Court not granted the Chamber of Commerce’s request for an injunction and delayed enforcement of the CPRA regulations until March 29, 2024, the CPRA regulations would have become enforceable on this day. July 14, 2023 – California Attorney General Rob Bonta announces an investigative sweep through inquiry letters sent to large California employers, requesting information on the companies’ compliance with the CCPA with respect to personal information of employees and job applicants.[69] Same day, the Agency holds a public board meeting at which Michael Macko, Deputy Director of Enforcement at the Agency, announces that, despite the Sacramento County Superior Court decision on June 30, 2023, the Agency expects to conduct “vigorous enforcement over the coming year.”[70]
NOTE: Regarding the Agency’s enforcement priorities. Macko added that the Agency will use its prosecutorial discretion to prioritize certain topics and areas. These include:
  • Privacy notices and policies. The statutory language of the CCPA, even before the CPRA amendments, expressly stated what a business must include in their privacy policy disclosures to consumers. As such, Macko said the Agency will focus its enforcement efforts on reviewing whether businesses satisfy the law’s foundational disclosure requirements.
  • Right to delete personal information. Again, even prior to the CPRA amendments, the CCPA required businesses to respect a consumer’s right to delete personal information. Macko described this right as “well established,” and the Agency will review whether and how businesses are complying with this “long-standing” right.
  • Implementation of consumer requests. For years now, businesses covered by the CCPA have had to operationalize both internal and a consumer-facing means of respecting consumer privacy rights requests. As such, the Agency will focus its efforts on reviewing how businesses have actually implemented means of respecting these requests. Specifically, the Agency will analyze whether a business has implemented “barriers” to prevent consumers from actualizing those rights.
July 31, 2023 – The Agency announces that it will review the data privacy practices of connected vehicle manufacturers and related connected vehicle technology.[71] August 4, 2023 – The Agency and California Attorney General Rob Bonta file a petition with California’s Third District Court of Appeal to overturn the Sacramento County Superior Court decision that imposed a 12-month delay on enforcement of the CPRA regulations.[72] August 9, 2023 – The Dubai International Financial Centre (“DIFC”) issues an adequacy determination establishing the CCPA’s equivalence with the DIFC’s data protection law.[73] Although the DIFC and its data protection law are limited in jurisdiction and applicability, this adequacy determination sets precedent of an international authority granting adequacy status to a state within the United States. August 29, 2023 – CPPA releases draft cybersecurity audit and risk assessment regulations, which will be discussed during their September 8 board meeting.[74] March 29, 2024 – Expected date when the Agency and the California Attorney General can enforce the CPRA regulations.  
[1] https://www.oag.ca.gov/system/files/initiatives/pdfs/17-0039%20%28Consumer%20Privacy%20V2%29.pdf. [2] https://www.sos.ca.gov/administration/news-releases-and-advisories/2017-news-releases-and-advisories/proposed-initiative-enters-circulation39. [3] https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201720180SB1121. [4] https://www.nytimes.com/2018/05/13/business/california-data-privacy-ballot-measure.html. [5] https://iapp.org/news/a/california-legislature-reaches-tentative-agreement-on-consumer-privacy-rules/. [6] https://www.sos.ca.gov/administration/news-releases-and-advisories/2018-news-releases-and-advisories/new-measure-eligible-californias-november-2018-ballot7/. [7] https://iapp.org/news/a/california-passes-landmark-privacy-legislation/. [8] https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201720180AB375. [9] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1121. [10] https://www.caprivacy.org/a-letter-from-alastair-mactaggart-board-chair-and-founder-of-californians-for-consumer-privacy/. [11] https://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/ccpa-nopa.pdf. [12] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB25. [13] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB874. [14] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1146. [15] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1355. [16] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1564. [17] https://oag.ca.gov/system/files/initiatives/pdfs/19-0021A1%20%28Consumer%20Privacy%20-%20Version%203%29_1.pdf. [18] https://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/ccpa-comments-45day-pt4.pdf. [19] https://www.caprivacy.org/ca-attorney-general-becerra-releases-the-title-and-summary-for-initiative-to-protect-consumer-privacy/. [20] https://www.theguardian.com/us-news/2019/dec/30/california-consumer-privacy-act-what-does-it-do. [21] https://www.law360.com/cases/5e39a9d5babd2503b3d79986. [22] https://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/ccpa-text-of-mod-redline-020720.pdf. [23] https://www.oag.ca.gov/sites/all/files/agweb/pdfs/privacy/ccpa-text-of-second-set-mod-031120.pdf. [24] https://www.law360.com/articles/1255181/attachments/0. [25] https://www.caprivacy.org/californians-for-consumer-privacy-submits-signatures-to-qualify-the-california-privacy-rights-act-for-november-2020-ballot/. [26] https://oag.ca.gov/news/press-releases/attorney-general-becerra-reminds-consumers-data-privacy-rights-under-california. [27] https://media.mcguirewoods.com/publications/2020/Alastair-Mactaggart-complaint.pdf. [28] https://elections.cdn.sos.ca.gov/ballot-measures/pdf/1879-court-order.pdf. [29] https://www.caprivacy.org/california-privacy-rights-act-cpra-qualifies-for-the-november-2020-ballot/. [30] https://oag.ca.gov/privacy/ccpa/enforcement. [31] https://cppa.ca.gov/regulations/pdf/20220708_npr.pdf. [32] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB713. [33] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1281. [34] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.145. [35] https://www.vox.com/policy-and-politics/2020/11/3/21546835/california-proposition-24-live-results-data-privacy. [36] Cal. Civ. Code sec. 1798.199.10. [37] Cal. Civ. Code sec. 1798.185(d). [38] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS&sectionNum=SEC.%2013.&article=V [39] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.199.90. [40] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.199.40. [41] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.199.90. [42] CCPA (pre-CPRA amendments), sec. 1798.145(n)(3). [43] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.145. [44] https://cppa.ca.gov/regulations/pdf/20220708_npr.pdf. [45] https://oag.ca.gov/system/files/attachments/press-docs/Complaint%20%288-23-22%20FINAL%29.pdf. [46] https://cppa.ca.gov/announcements/2021/20211004.html. [47] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB694. [48] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB825&search_keywords=privacy. [49] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB335&search_keywords=privacy. [50] https://cppa.ca.gov/regulations/pdf/20220708_npr.pdf. [51] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.130. [52] https://cppa.ca.gov/regulations/pdf/2022032_02nr_approval.pdf. [53] https://cppa.ca.gov/announcements/2022/20220525.html. [54] https://cppa.ca.gov/announcements/2022/20220708.html. [55] https://oag.ca.gov/system/files/attachments/press-docs/Complaint%20%288-23-22%20FINAL%29.pdf. [56] https://oag.ca.gov/system/files/attachments/press-docs/Filed%20Judgment.pdf.pdf. [57] https://image.uschamber.com/lib/fe3911727164047d731673/m/24/RN2220645_rn2220645_distprint.pdf?utm_source=sfmc&utm_medium=email&utm_campaign=&utm_term=Data+Privacy+WG+Note+8.26.22&utm_content=8/26/2022. [58] https://iapp.org/news/a/ccpa-cpra-grace-period-for-hr-and-b2b-ends-jan-1/. [59] https://cppa.ca.gov/announcements/2022/20221027.html. [60] https://cppa.ca.gov/regulations/pdf/20221102_15_day_notice.pdf. [61] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.145. [62] https://cppa.ca.gov/announcements/2023/20230330.html. [63] https://cppa.ca.gov/regulations/pre_rulemaking_activities_pr_02-2023.html. [64] https://cppa.ca.gov/announcements/2023/20230330.html. [65] https://cppa.ca.gov/announcements/2023/20230330.html. [66] California Chamber of Commerce vs. California Privacy Protection Agency (March 30, 2023) 34-2023-80004106-CU-WM-GDS (complaint). [67] https://cppa.ca.gov/announcements/2023/20230512.html. [68] https://www.metaverse.law/wp-content/uploads/2023/08/CU_34-2023-80004106-CU-WM-GDS_a47a4e35-7157-4304-815c-de5b2bf90f308.pdf. [69] https://oag.ca.gov/news/press-releases/attorney-general-bonta-seeks-information-california-employers-compliance. [70] https://www.youtube.com/watch?v=jmcrOWAeLAI. [71] https://cppa.ca.gov/announcements/2023/20230731.html. [72] https://cppa.ca.gov/announcements/2023/20230804.html. [73] https://cppa.ca.gov/announcements/2023/20230809.html. [74]https://cppa.ca.gov/meetings/materials/20230908item8.pdf & https://cppa.ca.gov/meetings/materials/20230908item8part2.pdf.
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A map of the United States, with pins pushed into various areas as if indicating places visited.

An overview of the twenty (and counting!) US state comprehensive privacy laws

California, CCPA, Resource, State Privacy Laws, United States
[Last updated: Mar. 27, 2026] Since 2018, US state legislative bodies have shown no signs of slowing their efforts to pass comprehensive privacy laws. While these laws often mirror one another, they also often differ in notable and material ways. This creates a complicated patchwork of obligations and requirements for businesses navigating the data ecosystem, because operating nationwide may require formulating a compliance approach broad enough to satisfy all of the different US state comprehensive privacy laws. The first step to formulating compliance efforts is to determine which laws apply, and that requires analyzing each law’s threshold for applicability and effective date. To assist with this first step, the following list provides a brief overview of the current US state comprehensive privacy laws. Please note that this list does not include each law’s exemptions and exceptions.

CALIFORNIA

Law: The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 Applies to: For-profit entities that, jointly or alone, collect and control the processing of California residents’ personal information and meet at least one of the following criteria:
  • Annual gross revenue in preceding calendar year that exceeds $26,625,000.
  • Annually buys, sells, or shares personal information of 100,000 or more California residents or households.
  • Derives 50% or more of annual revenue from selling or sharing California residents’ personal information.
Effective date: January 1, 2020 Enforcement authorities: Dual enforcement shared between the California Attorney General and the California Privacy Protection Agency, with a limited private right of action for certain data breaches. Enforcement date: July 1, 2023

COLORADO

Law: The Colorado Privacy Act Applies to: Entities that conduct business in Colorado or produce / deliver commercial products or services intentionally targeted to Colorado residents and satisfy one of the following criteria:
  • Controls or processes personal data of 100,000 or more Colorado residents during a calendar year.
  • Controls or processes personal data of 25,000 or more Colorado residents and derives revenue or receives a discount on the price of goods or services from the sale of personal data.
Effective date: July 1, 2023 Enforcement authorities: Both the Colorado Attorney General and district attorneys are empowered to enforce the law. Enforcement date: July 1, 2023

CONNECTICUT

Law: The Connecticut Data Privacy Act Applies to: For-profit entities that conduct business in Connecticut or produce products or services targeted to Connecticut residents and during preceding calendar year satisfied one of the following criteria:
  • Controlled or processed personal data of 35,000 or more Connecticut residents (excluding personal data controlled or processed solely for the purpose of completing a payment transaction);
  • Controlled or processed any amount of sensitive data of Connecticut residents (excluding personal data controlled or processed solely for the purpose of completing a payment transaction); or
  • Offered for sale any amount of personal data of Connecticut residents.
Effective date: July 1, 2023 Enforcement authorities: Connecticut Attorney General Enforcement date: July 1, 2023

DELAWARE

Law: The Personal Data Privacy Act Applies to: Entities that conduct business in Delaware or produce products / services targeted to Delaware residents and satisfy one of the following criteria:
  • Control or process personal data of 35,000 or more Delaware residents (excluding personal data controlled or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 10,000 or more Delaware residents and derive more than 20% of gross revenue from the sale of personal data.
Effective date: January 1, 2025 Enforcement authorities: Delaware Department of Justice Enforcement date: January 1, 2025

FLORIDA

Law: The Florida Digital Bill of Rights Applies to: For-profit entities (with an annual gross revenue in excess of $1 billion) that conduct business in Florida and that, jointly or alone, collect and control the processing of personal data about Florida residents, and satisfy one of the following criteria:
  • Derives 50% or more of its global gross annual revenue from the sale of advertisements online, including targeted advertising.
  • Operates a consumer smart speaker and voice command component service with an integrated virtual assistant connected to a cloud computer service that uses hands-free verbal activation (but not including vehicle-integrated speakers or software operated by a motor vehicle manufacturer or subsidiary thereof).
  • Operates an app store or a digital distribution platform that offers at least 250,000 different software applications for consumers to download or install.
Effective date: July 1, 2024 Enforcement authorities: Florida Attorney General Enforcement date: July 1, 2024

INDIANA

Law: The Indiana Consumer Data Protection Act Applies to: For-profit entities that conduct business in Indiana or produce products / services targeted to Indiana residents and during a calendar year satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Indiana residents.
  • Control or process personal data of 25,000 or more Indiana residents and derive more than 50% of gross revenue from the sale of personal data.
Effective date: January 1, 2026 Enforcement authorities: Indiana Attorney General Enforcement date: January 1, 2026

IOWA

Law: The Iowa Consumer Data Protection Act Applies to: For-profit entities that conduct business in Iowa or produce products / services targeted to Iowa residents and during a calendar year satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Iowa residents.
  • Control or process personal data of 25,000 or more Iowa residents and derive more than 50% of gross revenue from the sale of personal data.
Effective date: January 1, 2025 Enforcement authorities: Iowa Attorney General Enforcement date: January 1, 2025

KENTUCKY

Law: The Kentucky Consumer Data Protection Act Applies to: For-profit entities that conduct business in Kentucky or produce products / services targeted to Kentucky residents and during a calendar year satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Kentucky residents.
  • Control or process personal data of 25,000 or more Kentucky residents and derive more than 50% of gross revenue from the sale of personal data.
Effective date: January 1, 2026 Enforcement authorities: Kentucky Attorney General Enforcement date: January 1, 2026

MARYLAND

Law: Maryland Online Data Privacy Act of 2024 Applies to: Entities that conduct business in Maryland or produce products / services targeted to Maryland residents and satisfy one of the following criteria:
  • Control or process personal data of 35,000 or more Maryland residents (excluding personal data controlled or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 10,000 or more Maryland residents and derive more than 20% of gross revenue from the sale of personal data.
Effective date: October 1, 2025

(However, the law will not have any effect on or application to processing activities prior to April 1, 2026.)

Enforcement authorities: Maryland Attorney General Enforcement date: October 1, 2025

MINNESOTA

Law: The Minnesota Consumer Data Privacy Act Applies to: Entities that conduct business in Minnesota or produce products / services targeted to Minnesota residents and satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Minnesota residents (excluding personal data controlled or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 25,000 or more Minnesota residents and derive more than 25% of gross revenue from the sale of personal data.
Effective date: July 31, 2025 Enforcement authorities: Minnesota Attorney General Enforcement date: July 31, 2025

MONTANA

Law: The Montana Consumer Data Privacy Act Applies to: For-profit entities that conduct business in Montana or produce products / services targeted to Montana residents and satisfy one of the following criteria:
  • Control or process personal data of 25,000 or more Montana residents (excluding personal data controlled or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 15,000 or more Montana residents and derive more than 25% of gross revenue from the sale of personal data.
Effective date: October 1, 2024 (spooky season!) Enforcement authorities: Montana Attorney General Enforcement date: October 1, 2024

NEBRASKA

Law: Nebraska Data Privacy Act Applies to: For-profit entities that:
  • Conduct business in Nebraska or produce products / services consumed by Nebraska residents;
  • Process or engage in the sale of personal data; and
  • Are not a small business as defined by the US Small Business Administration.
Effective date: January 1, 2025 Enforcement authorities: Nebraska Attorney General. Enforcement date: January 1, 2025

NEW HAMPSHIRE

Law: An Act Relative to the Expectation of Privacy Applies to: For-profit entities that conduct business in New Hampshire or produce products / services targeted to New Hampshire residents and satisfy one of the following criteria:
  • Control or process personal data of 35,000 or more New Hampshire residents (excluding personal data controlled or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 10,000 or more New Hampshire residents and derive more than 25% of gross revenue from the sale of personal data.
Effective date: January 1, 2025 Enforcement authorities: New Hampshire Attorney General. Enforcement date: January 1, 2025

NEW JERSEY

Law: Senate Bill 332 Applies to: Entities that conduct business in New Jersey or produce products / services targeted to New Jersey residents and satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more New Jersey residents (excluding personal data controlled or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 25,000 or more New Jersey residents and derive revenue, or receive a discount on the price of any goods or services, from the sale of personal data.
Effective date: January 15, 2025 Enforcement authorities: New Jersey Attorney General. Enforcement date: January 15, 2025

OKLAHOMA

Law: Oklahoma Consumer Data Privacy Act Applies to: For-profit entities that conduct business in Oklahoma or produce products / services targeted to Oklahoma residents and satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Oklahoma residents.
  • Control or process personal data of 25,000 or more Oklahoma residents and derive more than 50% of gross revenue from the sale of personal data.
Effective date: January 1, 2027 Enforcement authorities: Oklahoma Attorney General Enforcement date: January 1, 2027 (with a 30-day cure period)

OREGON

Law: Senate Bill 619 Applies to: Entities that conduct business in Oregon or produce products / services targeted to Oregon residents and satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Oregon residents (excluding personal data controlled or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 25,000 or more Oregon residents and derive more than 25% of gross revenue from the sale of personal data.
Effective date: July 1, 2024 Enforcement authorities: Oregon Attorney General Enforcement date: July 1, 2024

RHODE ISLAND

Law: The Rhode Island Transparency and Privacy Protection Act Applies to: For-profit entities that conduct business in Rhode Island or produce products / services targeted to Rhode Island residents and satisfy one of the following criteria:
  • Control or process personal data of 35,000 or more Rhode Island residents (excluding personal data controller or processed for the purpose of completing a payment transaction).
  • Control or process personal data of 10,000 or more Rhode Island residents and derive more than 20% of gross revenue from the sale of personal data.
Effective date: January 1, 2026 Enforcement authorities: Rhode Island Attorney General Enforcement date: January 1, 2026

TENNESSEE

Law: The Tennessee Information Protection Act Applies to: For-profit entities (with revenue in excess of $25 million) that conduct business in Tennessee producing products / services targeted to Tennessee residents and satisfy one of the following criteria:
  • Control or process personal data of 175,000 or more Tennessee residents.
  • Control or process personal data of 25,000 or more Tennessee residents and derive more than 50% of gross revenue from the sale of personal data.
Effective date: July 1, 2025 Enforcement authorities: Tennessee Attorney General Enforcement date: July 1, 2025

TEXAS

Law: The Texas Data Privacy and Security Act Applies to: For-profit entities that conduct business in Texas or produce products / services targeted to Texas residents and satisfy all of the following criteria:
  • Control or process personal data of Texas residents.
  • Are not a small business as defined by the US Small Business Administration.
(However, the law imposes limited restrictions on for-profit entities that are classified as small businesses by the US Small Business Administration.) Effective date: July 1, 2024 Enforcement authorities: Texas Attorney General Enforcement date: July 1, 2024

UTAH

Law: The Utah Consumer Privacy Act Applies to: For-profit entities (with annual revenue in excess of $25 million) that conduct business in Utah or produce products / services targeted to Utah residents and satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Utah residents during a calendar year.
  • Control or process personal data of 25,000 or more Utah residents and derive more than 50% of gross revenue from the sale of personal data.
Effective date: December 31, 2023 Enforcement authorities: Utah Attorney General and the Department of Commerce’s Division of Consumer Protection Enforcement date: December 31, 2023

VIRGINIA

Law: The Virginia Consumer Data Protection Act Applies to: For-profit entities that conduct business in Virginia or produce products / services targeted to Virginia residents and satisfy one of the following criteria:
  • Control or process personal data of 100,000 or more Virginia residents during a calendar year.
  • Control or process personal data of 25,000 or more Virginia residents and derive more than 50% of gross revenue from the sale of personal data.
Effective date: January 1, 2023 Enforcement authorities: Virginia Attorney General Enforcement date: January 1, 2023
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The flag of Washington state, depicting an image of George Washington's face in a yellow circle, with a green background.

An Overview of Washington’s “My Health, My Data” Act

Health Data, State Privacy Laws, United States
On April 27, 2023, Governor Jay Inslee of Washington signed into law HB 1155, the “My Health, My Data” Act (MHMD Act). The MHMD Act claims to address the lack of protections for health data collected by entities not covered by HIPAA, the federal law that regulates how hospitals, health care providers, and other covered entities can handle health data. To achieve that goal, the MHMD Act was drafted in such a way as to provide sweeping protections that go beyond what most would consider to be protected “consumer health data.” For example, the scope of the definition, as we detail below, may include athletic equipment, footwear, or even groceries such as ginger. In addition, the MHMD Act introduces consumer rights, privacy policy obligations, contractual requirements, and more. To ensure the MHMD Act is adhered to, the legislature included a private right of action, thereby opening the door to plaintiff litigation to enforce the Act. Taking this all into consideration, the Washington “My Health, My Data” Act may be the most consequential US privacy legislation enacted in this decade.
Washington My Health, My Data Act  Scope & Applicability.
  • Covered Entities. The MHMD Act imposes restrictions and obligations on two types of entities, regulated entities and small businesses. The impact of being qualified as a small business rather than a regulated entity is only a three-month delay of the effective date. See Effective Dates, below.
 
    • Regulated Entity. A regulated entity is one that:
      • Conducts business in Washington, or produces or provides products or services that are targeted to consumers in Washington; and
      • Alone or jointly with others, determines the purpose and means of collecting, processing, sharing, or selling of consumer health data. Sec. 3(23).
 
    • Small Business. A small business is a regulated entity that satisfies one or both of the following thresholds:
      • Collects, processes, sells, or shares consumer health data of fewer than 100,000 consumers during a calendar year; or
      • Derives less than 50 percent of gross revenue from the collection, processing, selling, or sharing of consumer health data, and controls, processes, sells, or shares consumer health data of fewer than 25,000 consumers. Sec. 3(28).
 
  • Protected Consumers. A consumer under the MHMD Act is either:
    • a natural person who is a Washington resident; or
    • a natural person whose consumer health data is collected in Washington.
  • “Consumer” does not include individuals acting in an employment context, nor does it include B2B relationships. Sec. 3(7).
 
  • Protected Data. The MHMD Act regulates “consumer health data,” which is defined as information that identifies or is reasonably capable of being associated or linked, directly or indirectly, with a particular consumer and that identifies the consumer’s past, present, or future physical or mental health status. Sec. 3(8)(a); Sec. 3(18)(a). Physical or mental health status includes:
    1. Individual health conditions, treatment, diseases, or diagnosis.
    2. Social, psychological, behavioral, and medical interventions.
    3. Health-related surgeries or procedures.
    4. Use or purchase of prescribed medication,
    5. Bodily functions, vital signs, symptoms, or measurements of any information in this list.
    6. Diagnoses or diagnostic testing, treatment, or medication.
    7. Gender-affirming care information.
    8. Reproductive or sexual health information.
    9. Biometric data.
    10. Genetic data.
    11. Precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies.
    12. Data that identifies a consumer seeking health care services.
    13. Any information that a regulated entity or a small business, or their respective processor, processes to associate or identify a consumer with the data described above that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning). Sec 3(8)(b)(i)-(xiii).
 
    • Health Care Services. The most notable among the above list is number 12, data that identifies a consumer seeking health care services. The MHMD Act defines “health care services” to mean any service provided to a person to assess, measure, improve, or learn about a person’s mental or physical health. Sec. 3(15). Recognizing that this broad definition could apply to numerous everyday items, Senate members introduced an amendment to expressly exclude such items as athletic equipment, footwear, perfumes, jewelry, toys, cleaning products, recreational cannabis, groceries, and more. However, the amendment was ultimately defeated.
 
    • Biometric Data. It is worth noting that the MHMD Act states that biometric information includes imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template can be extracted. Sec. 3(4)(a).
  Substantive Provisions
  • Security Standards. A regulated entity or small business must establish and maintain data security practices that, at a minimum, satisfy the reasonable standard of care within the regulated entity’s or small business’s industry to protect the confidentiality, integrity, and accessibility of consumer health data. Sec. 7(1)(b).
 
  • Geofencing Restrictions. It is unlawful for any person to implement a geofence around an entity that provides in-person health care services where such geofence is used to identify or track consumers seeking health care services, collect consumer health data from consumers, or send notifications, messages, or advertisements to consumers related to their consumer health data or health care services. Sec. 10.
 
  • Privacy Policy. Regulated entities and small businesses must maintain a privacy policy that discloses:
    • The categories of consumer health data collected and the purpose for which the data is collected, including how the data will be used.
    • The categories of sources from which the consumer health data is collected.
    • The categories of consumer health data that is shared.
    • The list of the categories of third parties and specific affiliates with whom the regulated entity or the small business shares the consumer health data.
    • How a consumer can exercise the rights provided under the MHMD. Sec. 4(1)(a).
 
  • Restricted Data Collection. A regulated entity or small business cannot collect any consumer health data except (i) with consent from the consumer for such collection for a specified purpose or (ii) to the extent necessary to provide a product or service that the consumer has requested from such regulated entity or small business. Sec. 5(1)(a). Consent under the MHMD Act means a clear affirmative act that signifies a consumer’s freely given, specific, informed, opt-in, voluntary, and unambiguous agreement. Sec. 3(6)(a). Notably, consent cannot be obtained by acceptance of a general or broad terms of use agreement or similar document. Sec. 3(6)(b)(i).
 
  • No Sales without Valid Authorization. A “sale” under the MHMD Act means the exchange of consumer health data for monetary or other valuable consideration. Sec. 3(26)(a). It is unlawful for any person to sell or offer to sell consumer health data concerning a consumer without first obtaining valid authorized signed by the consumer. Valid authorization is a document containing:
    • The specific consumer health data concerning the consumer that the person intends to sell;
    • The name and contact information of the person collecting and selling the consumer health data;
    • The name and contact information of the person purchasing the consumer health data;
    • A description of the purpose of the sale, including how the consumer health data will be gathered and how it will be used by the purchaser;
    • A statement that the provision of goods or services may not be conditioned on the consumer signing the valid authorization;
    • A statement that the consumer has a right to revoke the valid authorization at any time and a description on how to do so;
    • A statement that the consumer health data sold pursuant to the valid authorization may be subject to redisclosure by the purchaser and may no longer be protected by this section;
    • An expiration date for the valid authorization that expires one year from when the consumer signs it; and
    • The signature of the consumer and date of signature. Sec. 9(2).
 
  • Data Processor Agreements. The MHMD Act defines a “processor” as any person that processes consumer health data on behalf of a regulated entity or small business. Sect. 3(20). A processor may process consumer health data only pursuant to a binding contract between the processor and the regulated entity or small business that sets forth the processing instructions and limit the actions the processor may take with respect to the consumer health data. Sec. 8(1)(a)(i).
  Consumer Rights The MHMD Act provides consumers with several privacy rights, including:
  • Right to Know. A consumer has the right to confirm whether a regulated entity or small business is collecting, sharing, or selling consumer health data concerning the consumer. Sec. 6(1)(a).
  • Right to Access.  A consumer has the right to access data concerning the consumer, including a list of all third parties and affiliates with whom the regulated entity or the small business has shared or sold the consumer health data and an active email address or other online mechanism that the consumer may use to contact the third parties. Sec. 6(1)(a).
  • Right to Withdraw Consent. A consumer has the right to withdraw consent from the regulated entity’s or the small business’s collection and sharing of consumer health data concerning the consumer. Sec. 6(1)(b).
  • Right to Delete. A consumer has the right to have their consumer health data deleted. Sec. 6(1)(c).
  • Right to Appeal. A consumer has the right to appeal the regulated entity’s or small business’s refusal to take action on a request. Sec. 6(1)(g).
  Exemptions The MHMD Act exempts information subject to HIPAA, GLBA, FCRA, and FERPA. Sec. 12.   Enforcement. Violations of the MHMD Act are enforceable under the Washington Consumer Protection Act (WCPA) as an unfair or deceptive act in trade or commerce and an unfair method of competition. Sec. 11; RCW 19.86.020.
  • State AG Enforcement. The WCPA is enforced by the Washington Attorney General. RCW 19.86.080.
 
  • Private Right of Action. The WCPA includes a private right of action for alleged unfair or deceptive acts or practices. RCW 19.86.093. Civil penalties under the WCPA can rise to $7,500 per violation, RCW 19.86.140, and can include treble damages up to $25,000. RCW 19.86.090.
  Effective Dates
  • For regulated entities, MHMD’s provisions go into effect on March 31, 2024.
  • For small businesses, MHMD’s provisions go into effect on June 30, 2024.
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Flag of California, depicting a large brown bear beside a red star, above the words "California Republic."

CPRA regulations finalized and effective immediately

California, CCPA, State Privacy Laws, United States
[Update: On March 30, 2023, the California Chamber of Commerce filed suit against the California Privacy Protection Agency, arguing that the amended regulations should not enter force until once year following finalization of the regulations. The court agreed, holding that enforcement cannot occur until one year after the regulations were finalized, thereby pushing the enforcement date from March 29, 2023, to March 29, 2024. The case is being appealed, but it is not expected to be finalized until after the new enforcement date.]
On March 30, 2023, the California Privacy Protection Agency (the Agency) announced that its first rulemaking package for the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), was approved by the California Office of Administrative Law (OAL).[1] Approval by the OAL marks the completion of the rulemaking process, thereby making the regulations effective immediately. “This is a major accomplishment, and a significant step forward for Californians’ consumer privacy. I’m deeply grateful to the Agency Board and staff for their tireless work on the regulations, and to the public for their robust engagement in the rulemaking process,” CPPA Board Chair Jennifer Urban said in a statement.[2] The regulations build upon and clarify provisions within the CPRA, which amended and expanded the CCPA. For example, the regulations allow businesses to offer a “Your Privacy Choices” mechanism on a website’s homepage instead of a “Do Not Sell or Share My Personal Information” mechanism. The regulation had originally been scheduled for completion for July 1, 2022, but due to insufficient staffing and resources, the Agency announced an extended delay to the process.[3] This delay of almost a year left businesses and privacy professionals scrambling, because the CPRA came into effect on January 1, 2023, yet many of its provisions were unclear. Now, finalization begets clarity. That said, the Agency’s enforcement efforts will begin July 1, 2023, which gives little time to comply with the regulations. The Agency has indicated a soft initial approach to enforcement though. Section 7301(b) of the finalized regulation state that the Agency may “consider all facts it determines to be relevant, including the amount of time between the effective date of the statutory or regulatory requirement(s) and the possible or alleged violation(s) of those requirements, and good faith efforts to comply with those requirements.” While this leaves some breathing room, it does not alleviate non-compliance in all instances, and businesses should move to finalize compliance with these regulations. The final regulations, although effective immediately, will not be published publicly until they are processed, which is expected to happen next week. The final regulations will be made available here: https://cppa.ca.gov/regulations/consumer_privacy_act.html
[1] https://cppa.ca.gov/announcements/ (announcement on March 30, 2023) [2] Id. [3] https://iapp.org/news/a/cpra-regulations-delayed-past-july-1-deadline-expected-q3-or-q4/
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This is the flag of Iowa, depicting an eagle holding a banner that reads, "Our liberties we prize and our rights we will maintain."

And then there were six!

State Privacy Laws, United States
On March 28, 2023, Gov. Reynolds of Iowa signed into law SF 262, a bill for an act relating to consumer data protection. By signing the bill into law, Gov. Reynolds established Iowa as the sixth state to establish a comprehensive data protection framework. “In our digital age, it’s never been more important to state, clearly and unmistakably, that consumers deserve a reasonable level of transparency and control over their personal data,” said Gov. Reynolds. “That’s exactly what this bill does, making Iowa just the sixth state to provide this kind of comprehensive protection.”[1] Full text of the law: here. Iowa’s approach to data protection is similar to Utah’s approach, but it shares a basic framework with Colorado, Connecticut, and Virginia. However, California’s approach remains unique among the pack. We will continue monitoring all state legislatures for more developments.
[1] https://governor.iowa.gov/press-release/2023-03-28/gov-reynolds-signs-sf-75-and-sf-262-law
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