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ARTICLE · 05 DECEMBER 2019

Negotiating With Service Providers And Third Parties Under CCPA

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Many of us understand in theory what the California Consumer Privacy Act means for consumer rights and that it creates a totally new ecosystem of relationships between...

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KEY TAKEAWAYS

  • Contractual provisions that address GDPR requirements will not necessarily cover CCPA requirements.
  • Third parties are entities that are not envisioned under the GDPR.
  • "Service provider" relationships require strict contractual restrictions on what the vendor can do with the information.
  • Any exchange of personal information that is not accompanied by the contractual restrictions required to meet the definition of "service provider" — or what is not a "third party" — is at risk of being found to be a "sale" if there is valuable consideration involved.
  • There are emerging industry proposed solutions that may help address some of the contractual complexities raised by the CCPA.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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