New CCPA Rules: What Businesses Need to Know

Daniel M. Goldberg is the Partner and Chair of the Data Strategy, Privacy & Security Group at Frankfurt Kurnit Klein & Selz PC. He advises on a wide range of privacy, security, and AI matters. His expertise spans from handling high-stakes regulatory enforcement actions to shaping the application of privacy and AI laws. Earlier this year, the California Privacy Lawyers Association named him the "California Privacy Lawyer of the Year." In this episode… California is reshaping privacy compliance with its latest updates to the California Consumer Privacy Act (CCPA). These sweeping changes introduce new obligations for businesses operating in California, notably in the areas of Automated Decision-Making Technology (ADMT), cybersecurity audits, and risk assessments. So, what can companies do now to get ahead?  Companies can prepare by understanding the scope of the new rules and whether or not they apply to their business, as the regulations are set to take effect on October 1, 2025, if they are filed with the Secretary of State by August 31. If that filing happens later, the next effective date will shift to January 1, 2026. The rules around ADMT are especially complex, with broad definitions that could apply to any tool or system that processes personal data to make significant decisions about consumers. Beyond ADMT, certain companies will also need to conduct comprehensive cybersecurity audits through an independent auditor, a process that may be challenging for smaller organizations. Risk assessments impose an additional obligation by requiring reviews of activities such as processing, selling, or sharing sensitive data, and using ADMT for significant decision-making, among others, with attestations submitted to regulators. The new rules make it clear that California regulators also expect companies to maintain detailed documentation and demonstrate accountability through governance. In this episode of She Said Privacy/He Said Security, Jodi and Justin Daniels talk with Daniel Goldberg, Partner and Chair of the Data Strategy, Privacy & Security Group at Frankfurt Kurnit Klein & Selz PC, about how companies can navigate the CCPA's new requirements. From ADMT to mandatory cybersecurity audits and risk assessments, Daniel provides a detailed overview of the complex requirements, explaining the scope and its impact on companies. He also outlines how these new rules set the tone for future privacy and AI regulations, why documentation and governance are central to compliance, and shares practical tips on the importance of reviewing AI tool settings to ensure sensitive data and confidential information are not used for AI model training.