processes related to data processing agreements, consumer opt-out mechanisms, and the handling of data subject access requests. California IOT law (SB327) On September 28, 2018, California Governor Jerry Brown signed legislation making California the first state to expressly regulate the security of connective devices, which are commonly referred to as internet of things (“IoT”) devices. This law became effective January 1, 2020. The new law aims to protect the security of both IoT devices and any information contained on IoT devices. Manufacturers that sell or offer to sell a connected device in California must equip the device with a reasonable security feature or features that are all of the following: “(1) Appropriate to the nature and function of the device. (2) Appropriate to the information it may collect, contain, or transmit. (3) Designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.” 2018 Cal. Legis. Serv. Ch. 886 (S.B. 327) (to be codified at Cal. Civ. Code § 1798.91.04(a)). This IoT law does not provide for any private right of action, and it can be enforced only by the California attorney general, a city attorney, a county counsel, or a district attorney. California Age-Appropriate Design Act. On September 15, 2022, California Governor Gavin Newsom signed the California Age-Appropriate Design Code Act (the “Act”), a law directed at businesses that provide online services, products, or features that are likely to be accessed by children under 18. The Act aims to hold children’s well-being over businesses’ commercial interests and implement robust privacy protections in light of children’s increased interactions online. It will work in conjunction with the California Consumer Privacy Act of 2018 (the “CCPA”), as amended by the California Privacy Rights Act of 2020 (the “CPRA”), to govern the privacy of California residents. The Act will take effect on July 1, 2024.
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