INSIGHT: Figuring Out if You Are ‘Doing Business’ in California Under the CCPA

By: Christopher A. Lisy | Matthew M.K. Stein
– Bloomberg Law

Manatt privacy and data security partner Christopher Lisy and special counsel Matthew Stein authored an article for Bloomberg Law on the California Consumer Protection Act (CCPA), how its “doing business in California” requirement can be read, and how out-of-state companies might avoid being subject to it. In the article, they note that the CCPA does not provide a definition for “doing business” in California, forcing companies to look at other parts of California law. Further complicating the issue, Lisy and Stein highlight that each alternative source (California’s tax laws; judicial decisions about California’s requirements for out-of-state companies to register with the state; and judicial decisions about when California courts can exercise jurisdiction over non-California companies) define “doing business in the State of California” differently. Moreover, they suggest that “there may soon be a body of substantive case law setting forth what it means for a company to ‘do business in state of California’ for purposes of the CCPA.”

Read the article here



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