It's a Wrap! Enforcing Online Agreements in Light of the CPRAMar 03, 2021 Published Article
We're all familiar with it at this point. A popup comes up on your device informing you of a change to terms and conditions, or otherwise asking for permission. For those operating websites, they know that this inconvenience is required to comply with various legal requirements. What they may not be aware of yet, is that these requirements, and popups, are about to become much, much, more prevalent. Recently, the California Privacy Rights Act ("CPRA"), passed by the voters of the State of California, includes new language specifying how consent is supposed to be obtained for the collection of personal information, amending the California Consumer Privacy Act ("CCPA"). This new manner of consent rules out browsewrap agreements, and would require that popups increase as website operators shift focus to clickwrap agreements, if they have not already.
Browsewrap and Clickwrap
Consent under the CPRA
How Newmeyer Dillion Can Help
Newmeyer Dillion can provide advice on existing CCPA compliance policies, help revise CCPA compliance policies to conform to the CPRA, help implement new cybersecurity policies to comply with CPRA, and provide updates to CPRA required notices and privacy policies. California has a history of being at the forefront of policy developments that expand internally and spread to other states, therefore, CPRA may serve as a template for similar laws in other states.