Search

What You Need to Know About US and International Data Protection Laws

Data privacy laws are regulations that govern the collection, processing, and use of personal data. These laws are designed to protect individuals’ privacy and give them control over their personal data. Data privacy laws vary from country to country, but they all share the common goal of protecting the privacy of individuals.

Businesses and organizations that collect, process, or use personal data should be aware of the data privacy laws that apply to them. They should also take steps to comply with these laws to protect the privacy of individuals.

Here are some of the most important data privacy laws in the world:

  • General Data Protection Regulation (GDPR): The GDPR is a European Union law regulating the collection, processing, and use of personal data of individuals in the European Union.
  • California Consumer Privacy Act (CCPA): The CCPA is a California law that regulates the collection, processing, and use of personal data of California residents.
  • Colorado Privacy Act (CPA): The CPA is a Colorado law that regulates the collection, processing, and use of personal data of Colorado residents.
  • Brazilian General Law for the Protection of Personal Data (LGPD): The LGPD is a Brazilian law that regulates the collection, processing, and use of personal data of individuals located in Brazil.
  • Chinese Personal Information Protection Law (PIPL): The PIPL is a Chinese law that regulates the collection, processing, and use of personal data of natural persons located in China.

What are data protection laws?

Data security laws are rules the government makes to protect people’s personal information. They set rules for how groups can gather, store, use, and share information, ensuring that private rights are respected. Most of the time, these laws require organizations to be open about how they use data, get permission from people before processing their data, and only use this data for what it originally intended.

Also, these laws require organizations to take the right security steps to stop illegal entry, unexpected loss, or data corruption. They tell people what rights they have, like the right to see their data, fix any mistakes, and, in some cases, ask for it to be deleted or stopped being used.


There are different versions of these rules all over the world. For example, the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA) of the United States have strict rules and fines for not following them. They also make rules about how data can be sent between countries.

In the end, data security rules try to balance a person’s right to privacy and an organization’s need to use data to run its business. They are always changing, showing how much more we depend on digital technology and how data collection and processing improvements create new problems.

US Consumer Protection Laws

CCPA

The California Consumer Privacy Act (CCPA) is a state law that gives California residents more control over their personal information. The CCPA went into effect on January 1, 2020.

  • Applicability: The CCPA applies to businesses that meet one or more of the following criteria:
    • Have annual gross revenue of $25 million or more
    • Collect the personal information of at least 50,000 consumers or households in a single year
    • Derive 50% or more of their annual revenue from selling the personal information of California consumers
  • Personal information: The CCPA defines personal information as any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular consumer or household. This includes information such as names, addresses, email addresses, phone numbers, Social Security numbers, credit card numbers, and browsing history.
  • Consumer rights: The CCPA gives California consumers the following rights:
    • The right to know what personal information a business has collected about them
    • The right to delete their personal information from a business’s records
    • The right to opt out of the sale of their personal information
    • The right to not be discriminated against for exercising their CCPA rights
  • Business obligations: Businesses that are subject to the CCPA must comply with the following obligations:
    • Provide consumers with a clear and conspicuous notice of their privacy practices
    • Allow consumers to access their personal information
    • Delete consumers’ personal information upon request
    • Allow consumers to opt out of the sale of their personal information
    • Not discriminate against consumers for exercising their CCPA rights

The CCPA is a complex law, and businesses should consult with an attorney to ensure that they are in compliance. Businesses that violate the CCPA can be subject to civil penalties of up to $7,500 per violation.

CDPA

The Consumer Data Protection Act (CDPA) is a new state law that gives Virginia residents more control over their personal information. The CDPA will go into effect on January 1, 2023.

Here are some key points about the CDPA:

  • Applicability: The CDPA applies to businesses that meet one or more of the following criteria:
    • Control or process the personal information of at least 25,000 Virginia consumers in a calendar year, and at least 50% of their gross revenue comes from selling personal data.
    • Control or process the personal information of at least 100,000 Virginia consumers in a calendar year, regardless of their gross revenue.
  • Personal information: The CDPA defines personal information as any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular consumer or household. This includes information such as names, addresses, email addresses, phone numbers, Social Security numbers, credit card numbers, and browsing history.
  • Consumer rights: The CDPA gives Virginia consumers the following rights:
    • The right to know what personal information a business has collected about them
    • The right to delete their personal information from a business’s records
    • The right to opt out of the sale of their personal information
    • The right to not be discriminated against for exercising their CDPA rights
  • Business obligations: Businesses that are subject to the CDPA must comply with the following obligations:
    • Provide consumers with a clear and conspicuous notice of their privacy practices
    • Allow consumers to access their personal information
    • Delete consumers’ personal information upon request
    • Allow consumers to opt out of the sale of their personal information
    • Not discriminate against consumers for exercising their CDPA rights

The CDPA is a complex law, and businesses should consult with an attorney to ensure that they are in compliance. Businesses that violate the CDPA can be subject to civil penalties of up to $7,500 per violation.

The CDPA is similar to the California Consumer Privacy Act (CCPA), but there are some key differences. For example, the CDPA has a lower revenue threshold than the CCPA, and it gives consumers the right to opt out of the sale of their personal information, even if the business is not selling it.

CPA

The Colorado Privacy Act (CPA) is a new state law allowing Colorado residents more control over their personal information. The CPA went into effect on July 1, 2023.

Here are some key points about the CPA:

  • Applicability: The CPA applies to businesses that meet one or more of the following criteria:
    • Control or process the personal information of at least 100,000 consumers or more during a calendar year;
    • Derives revenue or receives a discount on the price of goods or services from the sale of personal data and processes or controls the personal data of 25,000 consumers or more.
  • Personal information: The CPA defines personal information as any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular consumer or household. This includes information such as names, addresses, email addresses, phone numbers, Social Security numbers, credit card numbers, and browsing history.
  • Consumer rights: The CPA gives Colorado consumers the following rights:
    • The right to know what personal information a business has collected about them
    • The right to access and delete their personal information from a business’s records
    • The right to correct their personal information
    • The right to opt out of the processing of their personal information for targeted advertising
    • The right to opt out of the sale of their personal information
    • The right to not be discriminated against for exercising their CPA rights
  • Business obligations: Businesses that are subject to the CPA must comply with the following obligations:
    • Provide consumers with a clear and conspicuous notice of their privacy practices
    • Allow consumers to access their personal information
    • Delete consumers’ personal information upon request
    • Correct consumers’ personal information upon request
    • Allow consumers to opt out of the processing of their personal information for targeted advertising
    • Allow consumers to opt out of the sale of their personal information
    • Not discriminate against consumers for exercising their CPA rights

The CPA is a complex law; businesses should consult an attorney to ensure compliance. Businesses that violate the CPA can be subject to civil penalties of up to $20,000 per violation.

The CPA is similar to the California Consumer Privacy Act (CCPA), but some key differences exist. For example, the CPA has a lower revenue threshold than the CCPA, and it gives consumers the right to correct their personal information, as well as the right to opt out of the processing of their personal information for targeted advertising.

International Consumer Protection Laws

GDPR

The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). The GDPR aims primarily to give control back to citizens and residents over their personal data and simplify international business’s regulatory environment by unifying the regulation within the EU. It replaces the data protection directive (Directive 95/46/EC) 1995. The regulation has been in effect since May 25, 2018.

Here are some key points about the GDPR:

  • Applicability: The GDPR applies to all businesses that process the personal data of individuals in the European Union, regardless of where the business is located.
  • Personal data: The GDPR defines personal data as any information that can be used to identify an individual, such as their name, address, email address, phone number, or social security number.
  • Data processing: The GDPR defines data processing as any operation performed on personal data, such as collecting, storing, using, or sharing it.
  • Individual rights: The GDPR gives individuals a number of rights with respect to their personal data, including the right to access their data, the right to have their data erased, and the right to object to the processing of their data.
  • Business obligations: Businesses that process personal data must comply with a number of obligations under the GDPR, including the obligation to obtain consent from individuals before processing their data, the obligation to keep personal data secure, and the obligation to report data breaches to the authorities.

The GDPR is a complex law; businesses should consult an attorney to ensure compliance. Businesses that violate the GDPR can be subject to significant fines, up to €20 million or 4% of annual global revenue, whichever is higher.

If you have a US company and conduct some sort of business with the EU, please read this part of the law: GDPR compliance checklist for US companies.

LGPD

The Lei Geral de Proteção de Dados Pessoais (LGPD), or General Law for the Protection of Personal Data, is a Brazilian law that regulates the processing of personal data. The LGPD went into effect on August 18, 2020.

Here are some key points about the LGPD:

  • Applicability: The LGPD applies to all businesses that process the personal data of individuals located in Brazil, regardless of where the business is located.
  • Personal data: The LGPD defines personal data as any information that can be used to identify an individual, such as their name, address, email address, phone number, or social security number.
  • Data processing: The LGPD defines data processing as any operation that is performed on personal data, such as collecting, storing, using, or sharing it.
  • Individual rights: The LGPD gives individuals a number of rights with respect to their personal data, including the right to access their data, the right to have their data erased, and the right to object to the processing of their data.
  • Business obligations: Businesses that process personal data must comply with a number of obligations under the LGPD, including the obligation to obtain consent from individuals before processing their data, the obligation to keep personal data secure, and the obligation to report data breaches to the authorities.

The LGPD is a complex law, and businesses should consult with an attorney to ensure that they are in compliance. Businesses that violate the LGPD can be subject to significant fines, up to 2% of revenue in Brazil, capped at R$ 50MM per violation.

PIPL

The Personal Information Protection Law (PIPL) is a Chinese law that regulates the collection, processing, and use of personal information. The PIPL went into effect on November 1, 2021.

Here are some key points about the PIPL:

  • Applicability: The PIPL applies to all businesses and organizations that collect, process, or use personal information of natural persons in China, regardless of where the business or organization is located.
  • Personal information: The PIPL defines personal information as any information that can be used to identify an individual, such as their name, address, email address, phone number, or social security number.
  • Data processing: The PIPL defines data processing as any operation performed on personal information, such as collecting, storing, using, or sharing it.
  • Individual rights: The PIPL gives individuals a number of rights with respect to their personal information, including the right to access their data, the right to have their data erased, and the right to object to the processing of their data.
  • Business obligations: Businesses and organizations that process personal information must comply with a number of obligations under the PIPL, including the obligation to obtain consent from individuals before processing their data, the obligation to keep personal data secure, and the obligation to report data breaches to the authorities.

The PIPL is a complex law, and businesses and organizations should consult an attorney to ensure compliance. Businesses and organizations that violate the PIPL can be subject to significant fines, up to 50 million Yuan or 5% of the annual income.

Who is Responsible for Complying with Data Protection Laws?

Most of the responsibility for following data security rules falls on groups called “data controllers” and “data processors” that deal with personal information. Data controllers decide why and how personal data will be processed, while data processors do the controller’s work.

No matter how big they are, private companies and government agencies handling personal data must follow the rules. This includes big businesses, small companies, non-profits, government offices, educational institutions, and even workers who work with personal information as part of their job.

These organizations have to develop and use strong data management and security systems, keep things open and fair, and protect people’s rights. They must also keep records of their data handling and show that they are following the rules, such as through checks or data protection effect studies.

Compliance is also indirectly the job of company workers, such as workers. To handle personal information properly, they must follow the rules and policies of the company. Some laws require organizations to hire a Data Protection Officer (DPO). The DPO is in charge of ensuring the organization’s data protection plan and the law are followed.

Laws like GDPR say that data security laws also apply to groups outside of the jurisdiction if they offer goods or services to people in that jurisdiction or watch what they do. Noncompliance can lead to hefty fines and damage to your image, which shows how important it is for all responsible parties to know and do their jobs.

Conclusion

There has been a growing focus on data privacy laws worldwide in recent years. This is due to the increasing amount of personal data collected and stored by businesses and organizations. To protect the privacy of individuals, several laws have been enacted, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Colorado Privacy Act (CPA), the Brazilian General Law for the Protection of Personal Data (LGPD), and the Chinese Personal Information Protection Law (PIPL). These laws vary in scope and requirements, but they all share the goal of protecting individuals’ privacy.

Businesses and organizations that collect, process, or use personal data should be aware of the privacy laws that apply to them. They should also take steps to comply with these laws to protect the privacy of individuals.

Latest Posts

What is Off-Page SEO?

June 24, 2023 No Comments

What is Off-Page SEO? Off-page SEO describes the techniques used to raise a website’s search engine ranks and broaden its online presence. It aims to

Read More »