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CPRA Update: What is a Contractor? | Kelley Drye & Warren LLP

To embed, copy and paste the code into your website or blog: The California Privacy Rights Act (CPRA), effective January 1, 2023, adds “contractors” to the list of entities that a business may entrust with customer data.  So what is a “contractor?”  And how are “contractors” different from other entities described by California privacy law, such as “service providers” or “third parties?” As it turns out, the answer is surprising.  Contractors are nearly identical to service providers, with just two differences:  contractors are not data processors; and contractors must make a contractual certification in CCPA contracts.  Moreover, contractors are not even new entities, and were already described in existing California privacy law.

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How to avoid being referred to JFSC Enforcement – and what to do if you are

With the Jersey Financial Services Commission (JFSC) taking – and wanting to be seen to be taking – an increasingly robust approach with regulated firms, it is only natural for firms to ask what they can do to avoid a referral to the JFSC s Enforcement division and, if they are referred, what steps they can take to manage the risk of formal sanction. Avoiding a referral to Enforcement On a positive note, there are a number of steps that firms can take now to minimise the prospects of a referral to Enforcement. First, firms should review (and if necessary enhance) their compliance resource as a matter of priority. The JFSC has made clear (from its Compliance Monitoring guidance in 2013 through to its most recent public statements and civil penalties) that firms must have a compliance function that is adequately resourced. Importantly, this requires an assessment of both the quantity and quality of that resource. Further, firms must prepare and implement an effective compliance

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