Persistent Uncertainty: CCPA and CPRA Continue to Muddy California Privacy Landscape

Even though the California Consumer Privacy Act (“CCPA”) has been in effect since January 1, 2020, and enforcement of all CCPA provisions has been available since July 1, 2020, significant uncertainty exists regarding the substantive application of the CCPA and whether its provisions will endure. Three areas of uncertainty predominate: (1) when will exemptions for employee and business-to-business (“B2B”) information expire; (2) which companies are the early targets of the California Attorney General’s enforcement and on what basis; and (3) will the California Privacy Rights Act (“CPRA”) pass on November 3?