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ARTICLE · 29 JUNE 2023

Final Regs Clear Path For Employers To Complete CPRA Compliance

After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to HR data, concluded on March 29.

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After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to HR data, concluded on March 29.

California employers can put the finishing touches on required notices and policies, distribute them, and take the other steps necessary to implement their compliance program.

Under the prior law, the California Consumer Privacy Act (CCPA), HR data was excluded except that California employers were required to provide applicants and employees in California with a brief notice at collection.

Once the CPRA, which amends and supersedes the CCPA, went into effect on Jan. 1, this near-total exemption for HR data was eliminated. Employers must post an online privacy policy, ensure that contracts with service providers contain statutorily mandated language, and establish procedures so that applicants, employees and their dependents can exercise their new data rights.

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