Data privacy has become a paramount concern for individuals and organizations alike across the world. Regulations like the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) stand as pillars of protection for individuals’ personal information. These compliance regulations set standards for how businesses handle and process personal data, aiming to give individuals more control over their information and enhance data security.
Understanding the nuances between CCPA compliance and GDPR compliance is crucial for businesses operating in both the United States and the European Union to ensure compliance and build trust with their customers.
In this blog, we will discuss the same with a motive to make you aware of what is important for your business compliance.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (CCPA) is a state-level privacy law that came into effect on January 1, 2020. CCPA Compliance grants California residents specific rights regarding their personal information and imposes obligations on businesses that collect or process their data.
Consumers in California had less control over their data once it was gathered by a corporation before the CCPA. Before using a product, consumers were frequently required to sign a contract waiving their ownership rights to their data.
With the advancement, the new privacy rights for California citizens include:
- The right to be informed about the personal data that a company gathers about them, as well as how such data is handled and distributed.
- The ability to remove personal data that has been obtained about them (with certain limitations).
- The ability to choose not to have their personal information sold.
- As a result of exercising their CCPA rights, they are prohibited from being treated unfairly.
Public and nonprofit organizations are not required to abide by the CCPA Compliance. Any profitable organization that conducts business with Californians and satisfies one of the requirements listed below is required to abide by the CCPA:
- Business with a gross yearly income exceeding $25 million.
- Purchase, acquire, or market the personal data of at least fifty thousand Californians, their homes, or their gadgets.
- Obtaining at least half of their yearly income from the sale of personal data belonging to Californians.
General Data Protection Regulation (GDPR)
In May 2018, the European Union (EU) enacted a comprehensive data privacy law known as the General Data Privacy Regulation (GDPR). GDPR Compliance governs the collection and processing of personal data of individuals in the EU and aims to give them control over their data.
GDPR Compliance is regarded as one of the strictest laws due to its stringent guidelines for handling data and the severe penalties for noncompliance. Any organization that provides goods or services to citizens or residents of the EU is subject to GDPR, regardless of location. This implies that GDPR compliance is required of anyone hosting a website that gathers data from visitors from the EU.
All EU citizens are entitled to certain data privacy rights under GDPR, including:
- The right to information
- Access rights, rectification rights, and erasure rights
- The authority to limit processing
- The freedom to transfer data
- The ability to object
- Rights regarding automated profiling and decision-making
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GDPR Vs CCPA- The Pointed Similarities!
The first data privacy law that gave customers rights over their personal information was the GDPR. Because GDPR had a significant impact on CCPA Compliance, many of the rules and procedures are comparable.
- The aim of the CCPA and GDPR is where they diverge most.
- Both of them are in place to safeguard the private data and personal information of actual people, not just businesses.
- Both laws safeguard a variety of personal data, such as IP addresses, cookie identifiers, location data, name and date of birth, and much more.
- Both CCPA Compliance and GDPR Compliance, while protecting a specific demographic, apply to enterprises worldwide.
- Both the GDPR and the CCPA Compliance mandate maintaining a safe data inventory, answering customer inquiries, and publishing a data privacy policy.
- They require businesses to be transparent about their data collection and processing practices.
- Both CCPA and GDPR Compliance require businesses to implement measures to protect personal data from unauthorized access or disclosure.
GDPR Vs CCPA- The Pointed Differences!
Although the goals of the CCPA and GDPR are similar, they are two distinct laws with different compliance requirements and definitions. The main distinctions between the GDPR Compliance and the CCPA Compliance are about who and what is protected, who is required to comply, and the consequences of non-compliance.
The GDPR protects EU citizens, sometimes known as “data subjects,” while the CCPA protects the personal information of Californians and their households.
The CCPA strictly enforces the right to “opt out” and requires businesses to have a “Do Not Sell My Info” link on their website. In contrast, the GDPR requires entities to seek consent with an “opt in” option before collecting data.
The GDPR strictly regulates automated data processing and only permits profile-creating algorithms in certain situations. The CCPA Compliance does not directly regulate automation.
A company that violates GDPR Compliance may be fined up to €20 million, or 4% of its preceding year’s annual revenue, whichever is larger. Payments to customers as well as regulatory agencies are included in the fines for breaking the CCPA. $100 to $750 for each customer impacted by a breach, $2,500 for each undiscovered infringement, and $7,500 for each purposeful violation are among the fines.
In a Gist:
- Scope: GDPR applies to all businesses that process the personal data of individuals in the EU, while CCPA applies to businesses that collect the personal information of California residents and meet certain criteria.
- Opt-out Rights: CCPA gives California residents the right to opt out of the sale of their personal information, which is not explicitly provided in GDPR.
- Penalties: GDPR imposes fines of up to €20 million or 4% of global annual turnover, whichever is higher, for non-compliance, while CCPA allows for fines of up to $7,500 per violation.
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Why Should You Choose Both For Your Cyber Safety?
Both GDPR and CCPA aim to protect individuals’ privacy rights and ensure that businesses handle personal data responsibly. By complying with both regulations, businesses can demonstrate their commitment to data protection and enhance trust with their customers.
Additionally, implementing measures to comply with GDPR and CCPA Compliance can help businesses improve their data security practices and reduce the risk of data breaches.
Since many of the distinctions between the CCPA and GDPR are merely linguistic, it is crucial for businesses to fully comprehend each rule.
For example, the GDPR Compliance pertains to “data controllers and processors,” but the CCPA controls “for-profit businesses.” “Personal data” is protected by GDPR, whilst “personal information” is protected by CCPA. Even though both standards offer similar security protection, there’s a strong chance your company must abide by both the CCPA and GDPR.
How To Get GDPR & CCPA Compliance?
Achieving compliance with GDPR and CCPA Compliance requires businesses to implement various measures, including:
- Analyzing and categorizing personal data through a data audit.
- Encryption and access control are two ways used to protect data.
- Providing individuals with the ability to access, correct, or delete their data.
- Training employees on data protection best practices.
- Regularly reviewing and updating data protection policies and procedures.
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Conclusion
GDPR and CCPA are two significant regulations that aim to protect individuals’ privacy rights in the digital age. While they have key differences, both regulations share the same goal of enhancing data protection and giving individuals more control over their data. By complying with both GDPR and CCPA, businesses can demonstrate their commitment to data protection and ensure the trust of their customers.
Unlike GDPR Compliance and CCPA Compliance, your business should also follow the following frameworks SOC 2, PCI DSS, and ISO 27001.
Make your business compliance-ready and beat the competition with secured data.