Court Decision Pushes Back Enforcement for the California Privacy Rights Act

A June 30th decision by the Sacramento County Superior Court pushed back the expected enforcement date for the California Privacy Rights Act (CPRA), expected to be July 1st, 2023, to March 29, 2024.  

A filed complaint argued that the CPRA rules were to have been issued by the California Privacy Protection Agency one year prior to the expected enforcement date. The expectation was for the agency to finalize and publish the pending CPRA rules by July 1st, 2022, to meet that timeline. Instead, rules were only finalized March 29th, 2023. The Court therefore recognized the need for a longer transition period between the finalization of the rules and enforcement by the CCPA.  

It is important to note the decision only applies to the CPRA rules finalized by the CPPA in March, not to any rules and regulations associated with the overarching provisions of the California Consumer Privacy Act predating those rules.  

Key Steps for CPRA Compliance

1. Understand the Firm’s data assets - Work with marketing, sales, and other stakeholders to ensure clear and accurate disclosures of how customer data is used, and which third parties have access to it.  
2. Update processes to ensure compliance with the CPRA - Privacy executives should confirm all necessary policies and procedures are in place to ensure employees understand their compliance obligations and can follow them.  
3. Monitor and test compliance with privacy policies - The privacy program – or appropriate privacy leader in the firm – should periodically assess the firm’s adherence to privacy policies and procedures.  
4. Leverage technology to scale CPRA compliance across the company - Given the large volume of data that many firms handle, privacy executives will have to rely on technology to meet the requirements of the CPRA.  

How we help

ACA Aponix provides:  

• CPRA compliance assistance helps companies assess their privacy programs to ensure they comply with CPRA requirements. We help firms implement best practices for achieving broader privacy risk and compliance objectives across the enterprise.

• Support and advice to build and to assess an organization’s cybersecurity risk, identify cybersecurity program gaps, and draft and execute against a mitigation roadmap.   

• Risk assessments to identify and remediate gaps in a firm’s current cybersecurity and regulatory state.  

• Mock regulatory cyber exams to help an organization prepare for an examination by reviewing their current information security program from the perspective of a regulator.   

• Cloud assessments to determine whether an organization’s cloud environment is configured to protect user identities, enable compliance oversight obligations, and identify data loss.  

• Business continuity plan and business impact analysis complete with robust policies, plans, and procedures to better protect your company from data breaches and efficiently recover from a cyber incident or significant business disruption.   

• Policy development to protect your sensitive data and critical systems, meet regulatory requirements, and set best practices into action. 

Learn more about our additional solutions here. 

For questions about this alert, or to find out how we can help you meet your regulatory obligations, please reach out to your trusted cyber advisor or contact us.