The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. The California Privacy Rights Act (CPRA), which amends the CCPA and includes additional privacy protections for consumers, will take effect on January 1, 2023. The CPRA will amend existing provisions by creating new and expanded rights for California consumers and increasing obligations on businesses and establishing the California Privacy Protection Agency to implement and enforce the law.
While the CCPA is presently enforced by the California Office of the Attorney General, the CPRA establishes a new enforcement agency, the California Privacy Protection Agency (CPPA). The CPPA will have investigative, enforcement, and rule-making powers. CPPA will have full administrative power, authority, and jurisdiction to implement and enforce both the CCPA and the CPRA laws.
In March 2021, California announced the establishment of the CPPA, which will consist of a five-member board of experts in the fields of privacy, technology, and consumer rights. It is supposed to take over rule-making power from the California Attorney General by July 1, 2021.
The CPRA imposes stricter fines than the CCPA. Violations for consumers under 16 years of age can be fined up to $7,500 per case. Violations for non-intentional adult consumers of 16 years or older could lead to a maximum fine of $2,500 per case, as it was in the case of CCPA.
The CPRA also eliminates the 30-day cure period after the violation under CCPA. The CPPA, the enforcement agency, will provide a business with a time to rectify the violation by taking into account a lack of motivation to violate the CPRA and voluntary efforts taken by the company to cure the alleged violation.