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California: Governor signs bill amending CCPA

The California Governor approved, on 5 October 2021, Assembly Bill 694 on privacy and consumer protection. In particular, the bill amends, among other things, Section 1798.140 of the California Consumer Privacy Act of 2018 ('CCPA') by adding a definition of 'advertising and marketing', 'consent', and dark pattern, and amending certain other definitions such as business, business purpose, and contractor. Specifically, the bill defines consent as any freely given, specific, informed, and unambiguous indication of the consumer's wishes by which the consumer, or their legal guardian signifies agreement to the processing of personal information relating to the consumer for a narrowly defined particular purpose. 

In addition, the bill makes certain amendments to the exceptions under Section 1798.145 of the CCPA, and clarifies, among other things, certain provisions under the California Privacy Rights Act of 2020 with respect to timing of the rulemaking authority of the California Privacy Protection Agency. 

The provisions of the bill will take effect on 1 January 2022.

You can read the bill and view its history here.