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California: Governor signs bill amending CCPA

October 11, 2021
Summary

On 5 October 2021, the California Governor signed Assembly Bill 694, amending the California Consumer Privacy Act of 2018 ('CCPA') by introducing definitions for 'advertising and marketing', 'consent', and 'dark pattern', and revising definitions for 'business', 'business purpose', and 'contractor'. The bill specifies 'consent' as a clear, informed, and specific agreement by the consumer or their legal guardian for processing personal information for a defined purpose. It also updates exceptions in Section 1798.145 of the CCPA and clarifies provisions of the California Privacy Rights Act of 2020 regarding the rulemaking authority of the California Privacy Protection Agency. These amendments will become effective on 1 January 2022.

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 part

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