In the ever-evolving landscape of data privacy regulations, businesses face a daunting task: challenges of implementation of these principles, such as the GDPR and...
Gathering and processing of personal information has emerged as an essential factor for the person in addition to the businesses. This and the perceived mishandling of personal data by companies have resulted in the formation of elaborate data protection laws globally.
Here in this blog, we are going to discuss these regulations, some differences between them. And what it takes for the businesses to meet these regulations.
Key Provisions of GDPR:
1. Broad Scope and Extraterritorial Reach: This GDPR & CCPA/CPRA Compliance applies to the company irrespective of its location if it involves the processing of the data belonging to the EU citizens.
2. Lawful Basis for Processing: The organisation is required to have the ground to gather and process individual details.
3. Data Subject Rights: Minors have specific rights concerning their data. The rights to obtain the data, correct or erase it and limit its processing.
4. Data Protection by Design: Some measures must be integrated from the design phase (e. g. pseudonymization and encryption).
5. Breach Notification: Specific organisations are required to report the data protection authorities within 72 hours of a breach happening.
6. Severe Penalties: Failure to these laws attracts a penalty of an amount not exceeding €20 million. 4% of the worldwide turnover of the undertaking in the previous fiscal year whichever is higher.
Key Provisions of CCPA/CPRA:
1. Scope and Applicability: GDPR & CCPA/CPRA Compliance applies to the for-profit businesses that sell, purchase, or share the personal information of California residents, in certain cases provided the business’s gross annual revenues exceed $25M or it buys or sells the data of more than 100000 California consumers.
2. Consumer Rights: California residents have the right to receive information regarding the categories of personal data that is being collected, request the deletion of collected data, opt in for the sale of the data, and to request correction of their data if erroneous.
3. Sensitive Personal Information: GDPR & CCPA/CPRA Compliance amplifies sector-specific protections on unique data such as SSNs, health information and fateful geographical places.
4. Data Minimization and Retention: To this end, the law enjoins businesses to collect only adequate data and keep it for only reasonable time.
5. Opt-Out Rights: Consumers are able to control the use of information detailing particularly the cross-context behavioural advertising.
6. Penalties: Civil penalties for intentional violations include the noncompliance which comes with a tag of seven thousand five hundred US dollars.
Major Characteristics of GDPR vs. CCPA/CPRA:
While both regulations focus on data privacy, there are some key differences:
1. Legal Basis for Data Processing: GDPR for processing of data requires a lawful basis such as consent while GDPR & CCPA/CPRA Compliance doesn’t require a legal justification but acknowledges consumer rights such as right to opt out.
2. Scope of Consumer Rights: CCPA/CPRA is more concrete in comparison to GDPR: the latter provides citizens with more sweeping rights including the right of data portability and the right to object to data processing in certain circumstances.
3. Fines and Penalties: CCPA/CPRA has relatively higher fines as compared to GDPR where the financial penalties are much higher. At the same time, CCPA/CPRA permits statutory damages in civil actions, so non-compliance is rather dangerous for companies.
Conclusion
Following GDPR and CCPA/CPRA is not just about dodging penalties, it is about earning your consumers’ trust through demonstrating to them that their personal information is secure and valued. As we attempt to meet full compliance it can be a daunting task particularly for those companies that operate in different countries but the basics of these regulations must be understood. While protecting itself from legal issues that data breaches and leaks may cause, investing in data privacy supports building a solid image of your brand for the customers of the era of big data.

