The California Consumer Privacy Act (CCPA) is California's groundbreaking legislation that seeks to give California consumers certain rights over how a business handles "personal information" collected about its consumers. On October 11, 2019, California Governor Gavin Newsom signed AB 25 into law, which provided businesses with temporary relief by exempting personal information that is collected in certain employment contexts and in a business-to-business (B2B) context from the scope of the CCPA until January 1, 2021. As previously reported, Governor Newsom signed AB 1281 into law on September 29, 2020, providing a one-year extension to the partial employee and B2B exemptions to January 1, 2022, applicable only in the event that the California Privacy Rights Act (CPRA) ballot initiative failed. When the CPRA was approved during the 2020 election by California voters, the exemptions were extended one final time to January 1, 2023. On August 31, 2022, the California legislature adjourned without extending the exemptions, which automatically expire on January 1, 2023 in conjunction with the CPRA effective date.

Types of Employee and B2B Data Now Subject to CPRA

The CCPA contains a partial employee exemption for personal information collected by a business about a person who was either a job applicant or past/current employee or in an otherwise related position, including owners, directors, officers, contractors and beneficiaries/dependents. The exemption is limited to when...

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