What is the difference between CPRA and GDPR?

What is GDPR in simple words?

In simple terms, GDPR (General Data Protection Regulation) is a strict EU law giving people more control over their personal data and requiring companies worldwide to handle it securely, transparently, and fairly, applying to any business that deals with data of EU residents. It emphasizes user rights like accessing, correcting, or deleting their info, mandates data protection by design, and enforces heavy fines for non-compliance. 

Is GDPR coming to the US?

GDPR enforcement in the US comes from EU Data Protection Authorities (DPAs), rather than US regulators. This might seem counterintuitive, but it's how the regulation is designed to work across borders. EU Data Protection Authorities have full jurisdiction over US companies that process EU personal data.

What does CCPA stand for?

CCPA stands for the California Consumer Privacy Act, a landmark U.S. data privacy law giving California residents more control over their personal information, including rights to know, delete, and opt-out of the sale of their data, with enforcement by the California Privacy Protection Agency (CPPA) and applicable to businesses meeting specific revenue or data thresholds.
 

Does GDPR apply to American citizens?

Yes, GDPR applies to U.S. citizens when they are physically located in the European Union (EU) or European Economic Area (EEA) and their personal data is being collected or processed, regardless of their citizenship; it protects them as if they were EU residents in that context, covering tourists, students, or business travelers. Its scope is territorial and depends on location, not nationality, meaning a U.S. citizen in the U.S. has no GDPR protection, while an EU resident in the U.S. also doesn't get GDPR protection. 

Does CCPA require explicit consent?

While the CCPA generally operates on an opt-out basis—meaning businesses can handle most personal data without explicit permission as long as consumers have the option to say no—there are situations where explicit consent is a must.

What is CCPA now called?

The California Privacy Rights Act (CPRA) officially amended portions of the California Consumer Privacy Act (CCPA) and took effect on January 1, 2023.

What are the 7 principles of GDPR?

The 7 principles of GDPR (General Data Protection Regulation) are: Lawfulness, Fairness & Transparency (process data legally, fairly, openly); Purpose Limitation (use data only for specified, legitimate reasons); Data Minimisation (collect only necessary data); Accuracy (keep data correct and up-to-date); Storage Limitation (don't keep data longer than needed); Integrity & Confidentiality (secure the data); and Accountability (demonstrate compliance).
 

What is the California version of GDPR?

The GDPR stands for General Data Protection Regulation and it is an EU regulation for the data protection and privacy of EU residents. The CCPA stands for California Consumer Privacy Act and it is a US state law to protect the data and privacy rights of Californian residents.

Is GDPR stricter than CCPA?

Which is stricter—CCPA or GDPR? The GDPR generally includes more rigorous requirements than the CCPA. It imposes higher financial penalties for violations, requires a lawful basis for processing personal data, defines broader data subject rights, and has more comprehensive age-of-consent protections.

What data is covered under CPRA?

Under the California Consumer Privacy Act, personal information includes any data that identifies, relates to, or could reasonably be linked to you or your household, directly or indirectly. Personal information includes: Name or nickname. Email address.

Is CCPA the same as GDPR?

The CCPA applies to businesses collecting data from California residents, regardless of the business' location, while the GDPR applies to any entity worldwide offering goods or services to and collecting and using the personal data of EU residents. The GDPR protects any individual in the EU during data processing.

Is GDPR compliance mandatory in the USA?

Yes, the EU's GDPR (General Data Protection Regulation) applies to many businesses in the U.S., not just those in Europe, due to its "extra-territorial" reach, meaning it governs U.S. companies that offer goods/services to, or monitor the behavior of, individuals in the EU, or have an establishment (like a branch or employees) in the EU. U.S. companies must comply if they process data of EU residents, even if they have no EU presence, by implementing principles like consent, transparency, and data minimization, similar to U.S. state laws like CCPA but with stricter opt-in consent requirements. 

Who does the GDPR not apply to?

Some of the key exemptions from GDPR compliance include personal or household activities, government agencies and law enforcement, and the processing of personal data by Member States.

Who is exempt from GDPR?

Some of the most common exemptions include businesses that do not process personal data of living persons, businesses that have no connection with the European Union, derogations for businesses with less than 250 employees, or data processing primarily for personal/household activities.

What are the three types of compliance?

The three main types of compliance often distinguished are Regulatory Compliance (following external laws like FTC, OSHA), Corporate/Internal Compliance (adhering to internal policies, ethics, and codes of conduct), and often Industry/Data Compliance, focusing on specific sector rules (like HIPAA, PCI DSS) or data handling (GDPR). Essentially, it's about obeying laws, following your own rules, and meeting sector-specific standards to avoid fines and maintain ethical operations.
 

How does CPRA differ from CCPA?

The CPRA builds on the protections provided by the CCPA, but it introduces new requirements for businesses. Here are a few key differences: The CPRA has a broader scope than the CCPA. The CPRA adds new categories of sensitive personal information, such as health data and precise geolocation.

What are 10 examples of sensitive personal information?

Definition of Sensitive Personal Information

• Racial or ethnic origin.
• Political opinions.
• Religious or philosophical beliefs.
• Trade union membership.
• Genetic data.
• Biometric data.
• Health data.
• Sexual orientation or sex life.

Do US banks have to comply with GDPR?

Any financial institution needs to comply with GDPR as well as other laws (for example, AML Act for anti-money laundering).

How do I know if I am GDPR compliant?

The best way to demonstrate GDPR compliance is using a data protection impact assessment Organizations with fewer than 250 employees should also conduct an assessment because it will make complying with the GDPR's other requirements easier.

Do all 50 states have data breach laws?

All 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands have laws requiring private businesses, and in most states, governmental entities as well, to notify individuals of security breaches of information involving personally identifiable information.