One of the amendments we’ve been watching over the past months is one that impacts rights of employees -both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting governor signature, companies will be (for a year) exempted from providing current and former employees, job applicants, and contractors with the full suite of CCPA rights. Starting January 2020, however, these individuals must be provided with notice of information use. Access and deletion rights will not go into effect until January 2021.

A related bill, AB 1355, also recently passed the California Senate, and impacts individuals who are “acting as an employee, owner, director, officer, or contractor” of another company, if the communications with that person “occurs solely within the context of the business.” Under this bill, the majority of the rights contemplated under CCPA would not apply to these individuals until January 2021.

Putting it Into Practice: We will continue to monitor these developments, but if these changes become law, then companies will need to provide their own employees with notice beginning in January, and other companies’ employees notice in January 2021. All within these categories would also need access and deletion rights as contemplated under CCPA beginning in January 2021.