Understanding CPRA
The Evolution of Data Privacy Laws
The California Privacy Rights Act (CPRA) is an amendment and expansion of the California Consumer Privacy Act (CCPA), set to enhance consumer data protection. CPRA introduces more stringent penalties and clarifies jurisdictional authority, aiming to resolve ambiguities for businesses regarding compliance.
Key Changes for Publishers
Contractual Agreements and Data Sharing
CPRA mandates publishers to establish contractual agreements with third parties, service providers, and contractors to ensure privacy when sharing consumer data. These contracts must detail the types of consumer data shared, along with methods of transfer, storage, and utilization by third parties.
Security Measures
Annual Audits and Risk Assessments
Publishers collecting sensitive personal information (SPI) are now required to conduct annual cybersecurity audits and submit risk assessment reports to the California Privacy Protection Agency (CPPA). These assessments must weigh the risks and benefits of consumer data processing, with the CPPA having the authority to restrict or prohibit data processing if risks outweigh benefits.
Enforcement and Penalties
Increased Fines for Non-Compliance
CPRA enforcement began in early 2024, with the CPPA overseeing compliance. Violations can result in civil penalties of up to $2,500 per incident, or $7,500 for intentional violations. A new penalty of up to $7,500 applies to violations involving minors’ privacy rights, even if unintentional.
Publisher Responsibilities
Protecting Consumer Data
While third-party service providers and contractors are liable for their own violations, publishers remain responsible for protecting collected consumer data. Violations by third parties can lead to penalties for publishers if not covered by appropriate contractual agreements.
Preparing for Compliance
Reviewing and Updating Practices
Publishers should review their data collection and sharing practices, update privacy policies, and ensure robust security measures are in place. Regular audits and risk assessments will be crucial for maintaining compliance with CPRA’s enhanced requirements.
The Future of Data Privacy
Adapting to Evolving Regulations
As data privacy laws continue to evolve, publishers must stay informed and adaptable. Implementing comprehensive data management strategies and prioritizing consumer privacy will be essential for success in the changing regulatory landscape.