January 31, 2020
Partner Alysa Hutnik
was quoted in the Law360
article “California's New Privacy Law Faces Its First Big Challenge”. The California Consumer Privacy Act, which went into effect Jan. 1, gives California residents the right to opt out of the sale of their personal information to third parties. But alleged ambiguities in the law's fine print — and in California Attorney General Xavier Becerra's draft regulations to enforce it — have led to industry giants taking wildly different approaches in complying.
Some companies, like mega retailer Walmart, have embraced the new law by posting a "Do Not Sell My Personal Information" button at the bottom of the webpages consumers view while shopping. Meanwhile, Facebook and Google, the two tech titans that according to research firm Emarketer Inc. own a combined 59 percent of the roughly $111 billion digital ad spending market, have used more complicated compliance strategies.
Google, for its part, has attempted to outline in what cases it considers itself a service provider under the CCPA — and when its partners that use its services to buy or sell ads have the responsibility to comply. The search giant "is very transparent on which of the services it views itself narrowly as a service provider" under the new law, such as with its Google Analytics product that allows customers to track and analyze web traffic, according to Alysa.