California’s Consumer Privacy Act of 2018 – The HR Perspective

Businesses with consumers in California may soon find themselves subject to the California Consumer Privacy Act of 2018 (the Act). The Act arrives on the heels of the expansive consumer protections offered by the European General Data Protection Regulation (GDPR), and echoes key GDPR concepts such as enhanced transparency and disclosure obligations regarding personal data.  However, as companies race to comply, the question employers have begun asking is ”Does the Act cover employee data?” Although the California legislature may choose to issue an amendment/clarification over the next 18 months, the answer for now appears to be a qualified, “Yes.”  This article addresses the potential implications of the Act on employers and steps that employers can take to ensure compliance if the legislature does not exclude employee data from the Act’s scope.

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