CCPA V. GDPR 10 KEY DIFFRENCE YOU MUST KN0W

Introduction

Before deep diving in, lets understand the basics of these data & Privacy protection legislation. CCPA is a landmark legislation which stands for California Consumer privacy Act. This comprehensive data privacy legislation was enacted in 2018 by the state legislature of California. GDPR (GENERAL DATA PROTECTION REGULATION) is one of the most famous and applicable Data privacy regulation across the globe this significant data protection regulation was drafted/enacted by the European unition parliament aiming to protect the privacy of the EU citizen. Both the laws have many terms and provision similar in nature but some of differences as well, in this Article we going to know about the 10 key differences between the CCPA (California Consumer privacy Act) and GDPR (GENERAL DATA PROTECTION REGULATION) i

CCPA V. GDPR 10 KEY DIFFRENCE YOU MUST

.On the basis of Origin: The CCPA drafted by the state legislature of California hence this law is originated in U.S, whereas’ GDPR is enacted by the European Union Parliament.
Scope: CCPA applies to only some specific kind of businesses described under the provisions of California consumer privacy act, whereas’ GDPR applies to all the organizations and individuals regardless of there physical location, if they processing the EU resident’s Data they’ll have to compile with the norms of General Data Protection Regulation.
On the basis of consent: Opt-in Does not require for data processing under the provision of CCPA whereas’ Opt-in is mandatory for the data processing as defined under the provisions of GDPR in respect to consent of the Data subject.
Consent by child: According to CCPA parental consent is considered for the child 13 years of age and under. whereas’ Under GDPR the age of consent is 16 but the member state can lower it to 13.
Notification of Data breach: As per CCPA it is required to notify the consumer regarding the breach of data in most expedient time whereas’ under the provision of GDPR the notification of data breach should be given to authorities and Individuals with in the 72 hours.
Enforcment Authority: CCPA is enforced by California attorney General whereas’ the GDPR id enforced by each member state of European Union.
Sale of Data: CCPA specially regulates the sales of data and give the right of opt-out to the consumers. whereas’ GDPR does not specially deals with the sales of data but lawful processing and consent.
Fines and Penalties: CCPA imposes fines up to $7500 on intentional violation and $2500 for unintentional violation whereas‘ The GDPR imposes 20 million Pound or 4% of global annual turnover, which is definitely higher than CCPA.
Consumer Rights: under the provision of CCPA given the rights to know, delete, opt-out sale of personal information and non-discrimination for existing rights. whereas’ GDPR provides with the right to access, rectification, right know, right to be forgotten, data portability objection and restriction of processing.
Definition of personal Data: As per CCPA personal data are defined as – “Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” whereas’s under GDPR personal data is defined as – “Any information relating to an identified or identifiable natural person (‘data subject’).”

Frequent Asked Questions (FAQs)

What is GDPR ?

GDPR stands for General Data Protection Regulation, which is comprehensive data protection and privacy law enacted by the European Union and one of the most widely applicable data protection law across the globe. This landmark legislation is drafted and enacted by EU parliament with the view to deal with privacy breach in this rapidly growing technological age. it imposes strict obligation over the organization or individuals processing EU resident’s Personal data regardless of their physical location. What is GDPR (General Data protection Regulation) Compliance? – legalmulla.com

What CCPA?

CCPA stand for California Consumer Privacy Act which is enacted and drafted by the state legislature of California. this is one of most effective and recent privacy laws in US history which provides with certain rights to the consumer, but this legislation only deals with and imposes obligation over the organization with specially gaining some certain amount of business under the jurisdiction territory.

Who needs to comply with CCPA and GDPR?

Organization or Individuals dealing with data/processing data of European Union citizen regardless of their physical location are bound to comply with the norms of Genral Data Protection Regulation (GDPR). Whereas’ any organizations/business if gaining certain amount of profit from the consumer of California and US are bound to comply with the norms of California consumer Privacy ACT.

Whis is better GDPR vs CCPA?

When it comes to decide which is better it is imperative to consider all aspects of both legislations, But GDPR is considered one of wields known and applicable privacy protection law around the world. Because GDPR is not confined to the Territorial jurisdiction of the European Union but apply globally subject to Personal data of EU resident. Whereas the CCPA only applies to certain kinds of business and provide some important right the consumer, both the legislation are landmark initiatives in the field of data protection and privacy law.

What is GDPR compliance?

To understand in detail all about the General Data Protection Regulation and is compliance read the following article-What is GDPR (General Data protection Regulation) Compliance? – legalmulla.com

what is GDPR and CCPA?

Both are the Data protection and privacy law, CCPA stand for California privacy Act which is drafted and enacted by the state legislature of California which is applicable in United states. whereas The GDPR stands for General Data Protection Regulation which is a comprehensive data protection law drafted and enacted by the European union parliament and applicable globally subject to the processing personal data of EU resident.

Bottomline

In conclusion we can say that both the laws are designed to deals with the privacy of Individual or consumer. When it comes to distinguish which, one is better than there are many factors to be considered. Talking about CCPA this is one the most recent and effect privacy law in the history of US and crafted to deal with some specific kind of business, while providing significant right to the consumers. But when it comes to the GDPR (GENERAL DATA PROTECTION REGULATION) This landmark legislation is in confined to the territory of EU states but is most popular and applicable across the globe. GDPR not only aims to provides with the control over the personal data of individuals but imposes strict penalties over the organization failing event protect t the personal data from being compromised. There is no concept of intentional or unintentional data breach like we see under the provisions of CCPA thus we can say that no thought GDPR is better Data protection and privacy law than CCPA.

Introduction