Legislation and Enforcement in 2020

California was front-and-center in 2019 for measures to address data privacy and to prevent workers from being miscategorized as “independent contractors.” In 2020, other states are expected to take similar steps to protect workers and consumers, given the slim odds of any major federal legislation passing in an election year.  The California Consumer Privacy Act, which the state passed in June 2018 and amended over the past year, took effect Jan. 1. The law, which is meant to give consumers more agency over their personal data, takes cues from the European Union’s General Data Protection Regulation in 2018.  California’s measure is among the earliest of its kind in the country and comes amid public outcry and increased enforcement attention on tech companies’ handling of user data, perhaps best symbolized by the Federal Trade Commission’s $5 billion fine in July on Facebook.  But such measures have major implications for retailers, which are increasingly tracking customers’ online habits and location data to figure out their movements, spending habits, and preferences, experts said.  “Every retailer is also a technology company,” said Alysa Hutnik, who chairs the privacy and information security practice at Kelley Drye & Warren LLP.  “It’s all about how you reach your audience, and retailers are

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