The California Consumer Privacy Act (CCPA) and California Data Breach Law (Civil Code Section 1798.82) didn’t start the fire, but they are certainly leading the way. However, California is not alone. Nevada and Maine have enacted their own laws, which differ quite a bit from California's approach, plus at least 10 more states have privacy laws in motion, signifying a patchwork of different privacy standards and igniting a sea change for corporate counsel.
While California’s Data Breach Law always included a private right of action (§1798.84(b)), the CCPA ups the ante in providing consumers another avenue to file a private right of action with the added threat of statutory damages (thereby potentially easing the requirement to show damages). These statutes (along with unfair competition claims under Business and Professions Code 17200) may encourage the plaintiff’s bar to file more class action complaints – particularly if the consumer’s personal information is disclosed as a result of a business’ failure to implement reasonable security measures.
Savvy plaintiffs’ attorneys will no doubt exploit companies’ weaknesses and spark a wave of litigation, sweeping up companies that were never before targets of any sort of class action. GCs must take the lead to ensure effective compliance, mitigate liabilities, and protect their companies.
Tuesday, February 25 and Wednesday, February 26, 2020
Foley & Lardner LLP Offices
321 N Clark St, Suite 3000
Chicago, IL 60654
Date: Tuesday, February 25, 2020
Time: 8:30 am - 10:30 am
Breakfast: 8:30 am - 9:00 am
Presentation: 9:00 am - 10:00 am
Q & A and Networking 10:00 am - 10:30 am
Gibsons Bar & Steakhouse
2105 Spring Rd
Oak Brook, IL 60523
Date: Wednesday, February 26, 2020
Time: 11:30 am - 1:00 pm
Doors Open & Networking: 11:30 am - 12:00 pm
Lunch & Presentation: 12:00 pm - 1:00 pm
Q & A and Networking 1:00 pm- 1:30 pm
Director of Strategic Partnerships, Exterro
Aaron Tantleff, CIPP/E
Partner, Foley & Lardner LLP
Director, Legal, SEKO Logistics
Security and risk management leaders must plan for intensified global regulatory activity and societal expectations driving radical change.
Nader Henein, Bart Willemsen
Gartner Report: The State of Privacy and Personal Data Protection, 2019-2020