In the world of data protection, there are two regulations that are often talked about – GDPR and CPRA. GDPR (General Data Protection Regulation) is a regulation that was introduced in the European Union in 2018, while CPRA (California Privacy Rights Act) is a state-level regulation in California that was passed in 2020. While both regulations aim to protect the privacy of individuals, there are several similarities and differences between the two.
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In this blog, we will explore 7 similarities and 7 differences between GDPR and CPRA and their impact on businesses.
7 Similarities between GDPR and CPRA:
- Focus on individual rights: Both GDPR and CPRA focus on the rights of individuals to have control over their personal data. They provide individuals with the right to access, correct, delete and restrict the processing of their personal data.
- Definition of personal data: Both GDPR and CPRA have a broad definition of personal data, which includes any information that can identify an individual, such as name, address, email address, IP address, and other online identifiers.
- Data processing principles: Both GDPR and CPRA require businesses to follow certain data processing principles such as transparency, purpose limitation, data minimization, accuracy, and security.
- Penalties for non-compliance: Both GDPR and CPRA impose heavy fines for non-compliance. GDPR can fine up to 4% of a company’s global revenue, while CPRA can fine up to $7,500 per violation.
- Data breach notifications: Both GDPR and CPRA require businesses to notify individuals and authorities of a data breach within a specified time period.
- Applicability to non-residents: Both GDPR and CPRA apply to non-residents who collect or process personal data of individuals in their respective jurisdictions.
- Data protection officers: Both GDPR and CPRA require businesses to appoint a Data Protection Officer (DPO) to oversee data protection and ensure compliance with the regulation.
7 Differences between GDPR and CPRA:
- Scope of regulation: GDPR is a regulation that applies to all businesses that process personal data of individuals in the European Union, regardless of where the business is located. CPRA applies only to businesses that collect personal data of California residents and have an annual gross revenue of $25 million or more.
- Definition of sensitive data: GDPR defines sensitive data as data that reveals a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. CPRA defines sensitive data more broadly to include information related to an individual’s health, financial information, and precise geolocation.
- Right to opt-out: CPRA gives individuals the right to opt-out of the sale of their personal data, which is not explicitly provided for in GDPR.
- Right to correct: GDPR gives individuals the right to have inaccurate personal data corrected, while CPRA gives individuals the right to correct inaccurate personal information and have that correction propagated to any third party to whom the information was disclosed.
- Consent: GDPR requires that businesses obtain explicit consent from individuals before collecting or processing their personal data. CPRA has a higher standard of consent and requires businesses to obtain “opt-in” consent from individuals before collecting or processing their personal data.
- Data protection assessments: GDPR requires businesses to conduct data protection impact assessments (DPIAs) before processing personal data that presents a high risk to individuals. CPRA also requires businesses to conduct similar assessments, but only for the sale of personal data.
- Enforcement: GDPR is enforced by national data protection authorities in each member state of the European Union. CPRA is enforced by the California Privacy Protection Agency, which is a new agency created specifically to enforce the regulation.
If you have any further questions or concerns, please do not hesitate to reach out.
