California lawmakers have been busy making changes to the State’s current online privacy regulations. The first changes will come into effect today whilst another change will be effective starting in 2015. The Legislature has changed California law to make privacy policies and information gathering more transparent, protect online children and minors’ information and advertising exposure and finally, to expand on online data security breaches.

Do Not Track Law. Commercial Internet websites and online operators, including mobile apps (collectively “commercial websites”) collecting information from California residents will have to comply with new regulations starting today when the California Assembly Bill 370 (“AB 370”) comes into force as an amendment to the Online Privacy Protection Act (“CalOPPA”).  California has unanimously approved the first “Do Not Track” law in the world. Prior to this amendment CalOPPA required commercial websites disclose to the consumers the categories of personal information to be gathered within its privacy policy and with whom this information might be shared.  AB 370 has been added to require commercial websites to fully describe how they respond to Do Not Track settings in web browers and whether third parties can access and collect their information across a network of sites. Though the new regulations will not require the websites to honor Do Not Track signals, there will be more transparency for the consumers.

Shielding Children. Protecting children and minors online has also been part of the agenda this year for the California Legislature. Senate Bill 568 will protect online minors from more adult advertising by requiring that websites directed towards children and minors do not advertise products and services that a person of their age would not be able to partake of. Additionally, these websites will be required to give children and minors who have registered with the website more content control, thus allowing them the ability to delete content they have posted more easily. This amends CalOPPA by seeking to protect all minors, rather than the under 13 that CalOPPA applies to currently.

 Data Security Breaches. Also coming into effect today, Senate Bill 46 which amends the California Data Breach Notification law, to extend the current breach notification requirements to compromised log-in details, usernames and email addresses. Starting today, if these details have been compromised, the company will have to provide notification to the effected Californian, advising them to make changes to protect themselves.

For assistance with assuring that your company’s website and online presence adopt and follow these new regulations please contact us.