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Two New State IoT Laws Go Into Effect on Jan. 1
In 2020, manufacturers of Internet of Things devices will need to comply with new laws in California and Oregon.
Dec 01, 2019—
It may be hard to believe, but the California Consumer Privacy Act is not the only new law that will go into effect on Jan. 1, 2020. Rather, new laws in California and Oregon that regulate Internet of Things (IoT) devices will go into effect on that date as well. Below is an overview of those laws.
The law defines a "connected device" as "any device, or other physical object that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or Bluetooth address." It defines "manufacturer" as "the person who manufactures, or contracts with another person to manufacture on the person's behalf, connected devices that are sold or offered for sale in California."
Notably, the law exempts certain activities from its requirements. For example, it does not impose a "duty upon the manufacturer of a connected device related to unaffiliated third-party software or applications that a user chooses to add to a connected device." It also does not apply "to any connected device the functionality of which is subject to security requirements under federal law, regulations or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority." And the law exempts HIPAA-covered entities and business associates to the extent that the activity in question is covered by that act.
The Oregon legislation also contains a different definition of "manufacturer," stating that the term "means a person that makes a connected device and sells or offers to sell the connected device in this state." In comparison, California's law defines manufacturers to include any entity that "contracts with another person to manufacture [the connected device] on the person's behalf."
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