Update: California Governor Brown Signs into Law A.B. 370, “Do Not Track Disclosure Law”

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On September 27, 2013, California Governor Brown signed into law A.B. 370, amending the California Online Protection Act (CalOPPA) to require two new privacy policy disclosures for websites and online services regarding behavioral tracking. California Assembly member Al Muratsuchi (D-Torrance), who introduced A.B. 370, released a statement in which he said the amended law “will protect Californians’ right to privacy by providing transparency that will allow consumers to know when their online activity is being tracked. The consumer can then make an informed decision about their use of a particular website or service. The support for AB 370 resonated statewide as Californians expressed their concern with entities tracking their information, many times without their knowledge or consent. While we must continue to foster innovation, we must likewise ensure that consumer protection and privacy are key priorities as technology advances. Further, Attorney General Kamal Harris, the sponsor for this Legislation, worked tirelessly alongside me and stakeholders to make this law a reality. I commend Governor Brown for joining us as we work to ensure transparency in online commerce and interaction.” The new law will become effective as of January 1, 2014. For more information on A.B. 370, please see our previous blog posting entitled California Adopts Do-Not-Track Disclosure Law: A.B. 370 Amends the California Online Privacy Protection Act (CalOPPA) to Require New Privacy Policy Disclosures for Websites, Online Services and Mobile Apps about Behavioral Tracking.

For more detailed information on the new law, please refer to our full-length client advisory entitled
California Adopts Do-Not-Track Disclosure Law, Reflecting a Significant New Development in a National Trend to Improve the Transparency of Online and Mobile Privacy Practices.

Written by Claire Lucy Readhead, Associate, Privacy & Data SecurityAlston & Bird LLP