Regulations Implementing The California Privacy Rights Act Take Effect

On March 30, 2023, the California Office of Administrative Law ("OAL") approved final regulations implementing most of the amendments to the California Consumer Privacy Act ("CCPA") that were enacted pursuant to the California Privacy Rights Act ("CPRA"). The new rules ("CPRA Rules") clarify and expand upon key statutory provisions, such as businesses' obligations when processing "sensitive" personal information, prohibitions on the use of "dark patterns," consumer rights requests, sharing personal information for purposes of cross-context behavioral advertising, global privacy controls, and the audit and enforcement authority of the California Privacy Protection Agency (the "Agency"). Included in the CPRA Rules are factual examples to aid businesses in understanding how to apply the various provisions of the CCPA.