Businesses and Consumers Prepare as the CTDPA Takes Effect on July 1

As state-level data protection legislation steadily expands, one of the country’s early comprehensive privacy laws to be enacted, the Connecticut Data Privacy Act (CTDPA), will take effect on July 1, 2023. The CTDPA imposes requirements on how companies collect, use and share consumer data, and extends new data privacy rights to Connecticut consumers (read more about the details of the CTDPA here).

Connecticut Attorney General (AG) William Tong has encouraged businesses and consumers alike to understand these new rights and obligations in recent guidance and provides an FAQ page to answer the most burning questions. Importantly, covered companies—those that conduct business in Connecticut or produce products or services targeted to Connecticut residents, and that meet certain thresholds related to the processing of Connecticut consumers’ personal data—must comply with the CTDPA beginning on July 1 or face potential investigation or enforcement action by the AG, who has exclusive authority to enforce the Act. Violations of the CTDPA come with a hefty price tag, with entities or individuals that fail to comply subject to civil penalties up to $5,000 per violation. And while the Act includes a 60-day cure period to remedy violations, this right to cure will sunset on December 31, 2024.

The CTDPA requires covered companies to maintain a compliant privacy notice to inform customers of their rights, which include the rights to access personal data collected about them, correct inaccuracies, request deletion of their personal data, and opt out of sale of their data and targeted advertising. The CTDPA allows companies 45 days to respond to consumer requests, with a 45-day extension under certain conditions.

AG Tong’s recent statement also reminds companies that they are prohibited from discriminating against consumers who exercise their rights under the CTDPA, and highlights the law’s requirement to obtain consumer consent prior to processing certain sensitive information, including precise geolocation data, biometric data and certain health data.

Please contact a member of Akin’s cybersecurity, privacy and data protection team if you have any questions about the CTDPA or how it may affect your company.

Connecticut’s CTDPA is one of a growing list of comprehensive state-level consumer privacy laws. Learn about these other proposed and enacted laws in Akin’s State Data Privacy Law Series, as well as our annual CCPA Litigation and Enforcement Report at the following links:

1. Virginia Consumer Data Protection Act: What Businesses Need to Know | Akin (akingump.com)
2. Colorado Privacy Act: What Businesses Need to Know | Akin (akingump.com)
3. Connecticut Data Privacy Act: What Businesses Need to Know | Akin (akingump.com)
4. Utah Consumer Privacy Act: What Businesses Need to Know | Akin (akingump.com)
5. Key Takeaways from Akin’s CCPA Litigation and Enforcement Report | Akin (akingump.com)