As we previously reported, the California Consumer Privacy Act of 2018 delays the California Attorney General’s enforcement of the CCPA until six months after publication of the Attorney General’s implementing regulations, or July 1, 2020, whichever comes first. The California Department of Justice anticipates publishing a Notice of Proposed Regulatory Action concerning the CCPA in Fall 2019.
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On November 1, 2018, Senator Ron Wyden released a draft bill, the Consumer Data Protection Act, that seeks to “empower consumers to control their personal information.” The draft bill imposes heavy penalties on organizations and their executives, and for certain thresholds would require senior company executives to file annual data reports with the Federal Trade Commission.
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On September 30, 2018, the U.S., Mexico and Canada announced a new trade agreement aimed at replacing the North American Free Trade Agreement. Notably, the USMCA’s chapter on digital trade recognizes “the economic and social benefits of protecting the personal information of users of digital trade” and will require the U.S., Canada and Mexico to each “adopt or maintain a legal framework that provides for the protection of the personal information of the users.” In adopting such a framework, the USMCA directs the Parties to consider the principles and guidelines of relevant international bodies, and formally recognizes the APEC Cross-Border Privacy Rules as “a valid mechanism to facilitate cross-border information transfers while protecting personal information.”
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