New California Online Privacy Protection Act Requires Privacy Notices for all Website Operators

California has recently enacted three laws that will significantly effect the way California and non-California businesses conduct their affairs with California residents. On July 1, 2004, the new California Online Privacy Protection Act will require every person and business entity that owns a website and collects personal information about California residents to post a conspicuous privacy policy meeting certain criteria and addressing particular issues described in the new law. Please note that because of the nature of the internet and computer access to data located everywhere, these new laws require compliance by companies wherever located, as long as they collect information about, or send e-mail to, California residents. Please also note that there are efforts to enact federal legislation that might preempt one or more of these new California laws, and of course they are expected to be challenged in court if they are not preempted first; but none of that has happened yet. Please find a client alert further describing this new law here.

Update: California Online Privacy Protection Act Requires Privacy Notices