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Hello all, and happy Thursday!  

A year ago, I might have said that U.S. states were slowly but surely adopting data privacy legislation. Today, I’d have to drop the “slowly” bit. 

Oregon has become the 11th state to gain a comprehensive privacy law. (And Delaware may soon follow!) 

There isn’t too much that’s new to the Oregon Consumer Privacy Act, or OCPA, compared to other state privacy laws. Businesses that meet the OCPA thresholds are required to engage in familiar compliance activities like:  

  • Providing notice. 
  • Adhering to data minimization and purpose limitation principles.  
  • Enabling consumers to exercise their rights. 
  • Obtaining consent prior to processing sensitive data.  
  • Entering into contracts with processors. 
  • Conducting data protection assessments for high-risk processing activities. 
  • And more. 

The law doesn’t go into effect until July 1, 2024—after that point, the Oregon State Attorney General may grant violators 30 days to cure their infractions and penalize controllers $7,500 per violation. 

We developed an action plan checklist for the 2023 state laws that you may be interested in reviewing. U.S. privacy law has—for the most part—followed the same standards, and by following the guidance within the checklist, you’ll be well-positioned for compliance. Of course, each law has its own peculiarities, which we recommend reviewing with your counsel. 

Best, 

Arlo 



 

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For both privacy experts and novices alike, developing a privacy program can feel like taking a shot in the dark. With the Osano Privacy Program Maturity Model, you'll gain a points-based method of evaluating your privacy program’s operational efficiency and identifying exactly what your next steps should be. Click the link to gain access to your copy today. 

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