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Data Privacy Regulations : Essential Knowledge for Global Business
6 mars, par Daniel CroughIf you run a website that collects visitors’ data, you might be violating privacy regulations somewhere in the world. At last count, over 160 countries have privacy laws — and your customers in those countries know about them.
A recent survey found that 53% of people who answered know about privacy rules in their country and want to follow them. This is up from 46% two years ago. Furthermore, customers increasingly want to buy from businesses they can trust with their data.
That’s why businesses must take data privacy seriously. In this article, we’ll first examine data privacy rules, why we need them, and how they are enforced worldwide. Finally, we’ll explore strategies to ensure compliance and tools that can help.
What are data privacy regulations ?
Let’s first consider data privacy. What is it ? The short answer is individuals’ ability to control their personal information. That’s why we need laws and rules to let people decide how their data is collected, used, and shared. Crucially, the laws empower individuals to withdraw permission to use their data anytime.
The UNCTAD reports that only 13 countries had data protection laws or rules before the 2000s. Many existed before businesses could offer online services, so they needed updating. Today, 162 national laws protect data privacy, half of which emerged in the last decade.
Why is this regulation necessary ?
There are many reasons, but the impetus comes from consumers who want their governments to protect their data from exploitation. They understand that participating in the digital economy means sharing personal information like email addresses and telephone numbers, but they want to minimise the risks of doing so.
Data privacy regulation is essential for :
- Protecting personal information from exploitation with transparent rules and guidelines on handling it securely.
- Implementing adequate security measures to prevent data breaches.
- Enforcing accountability for how data is collected, stored and processed.
- Giving consumers control over their data.
- Controlling the flow of data across international borders in a way that fully complies with the regulations.
- Penalising companies that violate privacy laws.
Isn’t it just needless red tape ?
Data breaches in recent years have been one of the biggest instigators of the increase in data privacy regulations. A list of the top ten data breaches illustrates the point.
# Company Location Year # of Records Data Type 1 Yahoo Global 2013 3B user account information 2 Aadhaar India 2018 1.1B citizens’ ID/biometric data 2 Alibaba China 2019 1.1B users’ personal data 4 LinkedIn Global 2021 700M users’ personal data 5 Sina Weibo China 2020 538M users’ personal data 6 Facebook Global 2019 533M users’ personal data 7 Marriott Int’l Global 2018 500M customers’ personal data 8 Yahoo Global 2014 500M user account information 9 Adult Friend Finder Global 2016 412.2M user account information 10 MySpace USA 2013 360M user account information And that’s just the tip of the iceberg. Between November 2005 and November 2015, the US-based Identity Theft Resource Center counted 5,754 data breaches that exposed 856,548,312 records, mainly in that country.
It’s no wonder that citizens worldwide want organisations they share their personal data with to protect that data as if it were their own. More specifically, they want their governments to :
- Protect their consumer rights
- Prevent identity theft and other consumer fraud
- Build trust between consumers and businesses
- Improve cybersecurity measures
- Promote ethical business practices
- Uphold international standards
Organisations using personal data in their operations want to minimise financial and reputational risk. That’s common sense, especially when external attacks cause 68% of data breaches.
The terminology of data privacy
With 162 national laws already in place, the legal space surrounding data privacy grows more complex every day. Michalsons has a list of different privacy laws and regulations in force in significant markets around the world.
Fortunately, there’s plenty of commonality for two reasons : first, all countries want to solve the same problem ; second, those drafting the legislation have adopted much of what other countries have already developed. As a result, the terminology remains almost the same, even when the language changes.
These are the core concepts at play :
Term Definition Access and control Consumers can access, review, edit and delete their data Data protection Organisations must protect data from being stolen or compromised Consumer consent Consumers can grant and withdraw or refuse access to their data Deletion Consumers can request to have their data erased Data breach When the security of data has been compromised Data governance The management of data within an organisation Double opt-in Two-factor authentication to add a layer of confirmation GDPR Governing data privacy in Europe since 2016 Personally identifiable information (PII) Data used to identify, locate, or contact an individual Pseudonymisation Replace personal identifiers with artificial identifiers or pseudonyms Publicly available information Data from official sources, without restrictions on access or use Rectification Consumers can request to have errors in their data corrected Overview of current data privacy legislation
Over three-quarters of the world has formulated and rolled out data privacy legislation — or is currently doing so. Here’s a breakdown of the laws and regulations you can expect to find in most significant markets worldwide.
Europe
Thoughts of protecting data privacy first occurred in Europe when the German government became concerned about automated data processing in 1970. A few years later, Sweden was the first country to enact a law requiring permits for processing personal data, establishing the first data protection authority.
General Data Protection Regulation (GDPR)
Sweden’s efforts triggered a succession of European laws and regulations that culminated in the European Union (EU) GDPR, enacted in 2016 and enforced from 25 May 2018. It’s a detailed and comprehensive privacy law that safeguards the personal data and privacy of EU citizens.
The main objectives of GDPR are :
- Strengthening the privacy rights of individuals by empowering them to control their data.
- Establishing a uniform data framework for data privacy across the EU.
- Improving transparency and accountability by mandating businesses to handle personal data responsibly and fully disclose how they use it.
- Extending the regulation’s reach to organisations external to the EU that collect, store and process the data of EU residents.
- Requiring organisations to conduct Protection Impact Assessments (PIAs) for “high-risk” projects.
ePrivacy Regulation on Privacy and Electronic Communications (PECR)
The second pillar of the EU’s strategy to regulate the personal data of its citizens is the ePrivacy Regulation on Privacy and Electronic Communications (EU PECR). Together with the GDPR, it will comprise data protection law in the union. This regulation applies to :
- Providers of messaging services like WhatsApp, Facebook and Skype
- Website owners
- Owners of apps that have electronic communication components
- Commercial direct marketers
- Political parties sending promotional messages electronically
- Telecommunications companies
- ISPs and WiFi connection providers
The EU PECR was intended to commence with GDPR on 25 May 2018. That didn’t happen, and as of January 2025, it was in the process of being redrafted.
EU Data Act
One class of data isn’t covered by GDPR or PECR : internet product-generated data. The EU Data Act provides the regulatory framework to govern this data, and it applies to manufacturers, suppliers, and users of IoT devices or related services.
The intention is to facilitate data sharing, use, and reuse and to facilitate organisations’ switching to a different cloud service provider. The EU Data Act entered into force on 11 January 2024 and is applicable from September 2025.
GDPR UK
Before Brexit, the EU GDPR was in force in the UK. After Brexit in 2020, the UK opted to retain the regulations as UK GDPR but asserted independence to keep the framework under review. It’s part of a wider package of reform to the data protection environment that includes the Data Protection Act 2018 and the UK PECR.
In the USA
The primary federal law regarding data privacy in the US is the Privacy Act of 1974, which has been in revision for some time. However, rather than wait for the outcome of that process, many business sectors and states have implemented their own measures.
Sector-specific data protection laws
This sectoral approach to data protection relies on a combination of legislation, regulation and self-regulation rather than governmental control. Since the mid-1990s, the country has allowed the private sector to lead on data protection, resulting in ad hoc legislation arising when circumstances require it. Examples include the Video Privacy Protection Act of 1988, the Cable Television Protection and Competition Act of 1992 and the Fair Credit Reporting Act.
California Consumer Privacy Act (CCPA)
California was the first state to act when federal privacy law development stalled. In 2018, it enacted the California Consumer Privacy Act (CCPA) to protect and enforce Californians’ rights regarding the privacy of their personal information. It came into force in 2020.
California Privacy Act (CPRA)
In November of that same year, California voters approved the California Privacy Rights Act (CPRA). Billed as the strongest consumer privacy law ever enacted in the US, CPRA works with CCPA and adds the best elements of laws and regulations in other jurisdictions (Europe, Japan, Israel, New Zealand, Canada, etc.) into California’s personal data protection regime.
Virginia Consumer Data Protection Act (CDPA)
In March 2021, Virginia became the next US state to implement privacy legislation. The Virginia Consumer Data Protection Act (VCDPA), which is also informed by global legislative developments, tries to strike a balance between consumer privacy protections and business interests. It governs how businesses collect, use, and share consumer data.
Colorado Privacy Act (CPA)
Developed around the same time as VCDPA, the Colorado Privacy Act (CPA) was informed by that law and GDPR and CCPA. Signed into law in July 2021, the CPA gives Colorado residents more control over their data and establishes guidelines for businesses on handling the data.
Other states generally
Soon after, additional states followed suit and, similar to Colorado, examined existing legislation to inform the development of their own data privacy laws and regulations. At the time of writing, the states with data privacy laws at various stages of development were Connecticut, Florida, Indiana, Iowa, Montana, New York, Oregon, Tennessee, Texas, and Utah.
By the time you read this article, more states may be doing it, and the efforts of some may have led to laws and regulations coming into force. If you’re already doing business or planning to do business in the US, you should do your own research on the home states of your customers.
Globally
Beyond Europe and the US, other countries are also implementing privacy regulations. Some were well ahead of the trend. For example, Chile’s Law on the Protection of Private Life was put on the books in 1999, while Mauritius enacted its first Data Protection Act in 2004 — a second one came along in 2017 to replace it.
Canada
The regulatory landscape around data privacy in Canada is as complicated as it is in the US. At a federal government level, there are two laws : The Privacy Act for public sector institutions and the Personal Information Protection and Electronic Documents Act (PIPEDA) for the private sector.
PIPEDA is the one to consider here. Like all other data privacy policies, it provides a framework for organisations handling consumers’ personal data in Canada. Although not quite up to GDPR standard, there are moves afoot to close that gap.
The Digital Charter Implementation Act, 2022 (aka Bill C-27) is proposed legislation introduced by federal agencies in June 2022. It’s intended to align Canada’s privacy framework with global standards, such as GDPR, and address emerging digital economy challenges. It may or may not have been finalised when you read this.
At the provincial level, three of Canada’s provinces—Alberta, British Columbia, and Quebec—have introduced laws and regulations of their own. Their rationale was similar to that of Bill C-27, so they may become redundant if and when that bill passes.
Japan
Until recently, Japan’s Act on the Protection of Personal Information (APPI) was considered by many to be the most comprehensive data protection law in Asia. Initially introduced in 2003, it was significantly amended in 2020 to align with global privacy standards, such as GDPR.
APPI sets out unambiguous rules for how businesses and organisations collect, use, and protect personal information. It also sets conditions for transferring the personal information of Japanese residents outside of Japan.
China
The new, at least for now, most comprehensive data privacy law in Asia is China’s Personal Information Protection Law (PIPL). It’s part of the country’s rapidly evolving data governance framework, alongside the Cybersecurity Law and the Data Security Law.
PIPL came into effect in November 2021 and was informed by GDPR and Japan’s APPI, among others. The data protection regime establishes a framework for protecting personal information and imposes significant compliance obligations on businesses operating in China or targeting consumers in that country.
Other countries
Many other nations have already brought in legislation and regulations or are in the process of developing them. As mentioned earlier, there are 162 of them at this point, and they include :
Argentina Costa Rica Paraguay Australia Ecuador Peru Bahrain Hong Kong Saudi Arabia Bermuda Israel Singapore Brazil Mauritius South Africa Chile Mexico UAE Colombia New Zealand Uruguay Observant readers might have noticed that only two countries in Africa are on that list. More than half of the 55 countries on the continent have or are working on data privacy legislation.
It’s a complex landscape
Building a globalised business model has become very complicated, with so much legislation already in play and more coming. What you must do depends on the countries you plan to operate in or target. And that’s before you consider the agreements groups of countries have entered into to ease the flow of personal data between them.
In this regard, the EU-US relationship is instructive. When GDPR came into force in 2016, so did the EU-US Privacy Shield. However, about four years later, the Court of Justice of the European Union (CJEU) invalidated it. The court ruled that the Privacy Shield didn’t adequately protect personal data transferred from the EU to the US.
The ruling was based on US laws that allow excessive government surveillance of personal data transferred to the US. The CJEU found that this conflicted with the basic rights of EU citizens under the European Union’s Charter of Fundamental Rights.
A replacement was negotiated in a new mechanism : the EU-US Data Privacy Framework. However, legal challenges are expected, and its long-term viability is uncertain. The APEC Privacy Framework and the OECD Privacy Framework, both involving the US, also exist.
Penalties for non-compliance
Whichever way you look at it, consumer data privacy laws and regulations make sense. But what’s really interesting is that many of them have real teeth to punish offenders. GDPR is a great example. It was largely an EU concern until January 2022 when the French data protection regulator hit Google and Facebook with serious fines and criminal penalties.
Google was fined €150M, and Facebook was told to pay €60M for failing to allow French users to reject cookie tracking technology easily. That started a tsunami of ever-larger fines.
The largest so far was the €1.2B fine levied by the Irish Data Protection Commission on Meta, the owner of Instagram, Facebook, and WhatsApp. It was issued for transferring European users’ personal data to the US without adequate data protection mechanisms. This significant penalty demonstrated the serious financial implications of non-compliance.
These penalties follow a structured approach rather than arbitrary determinations. The GDPR defines an unambiguous framework for fines. They can be up to 4% of a company’s total global turnover in the previous fiscal year. That’s a serious business threat.
What should you do ?
For businesses committed to long-term success, accepting and adapting to regulatory requirements is essential. Data privacy regulations and protection impact assessments are here to stay, with many national governments implementing similar frameworks.
However, there is some good news. As you’ve seen, many of these laws and regulations were informed by GDPR or retrospectively aligned. That’s a good place to start. Choose tools to handle your customer’s data that are natively GDPR-compliant.
For example, web analytics is all about data, and a lot of that data is personal. And if, like many people, you use Google Analytics 4, you’re already in trouble because it’s not GDPR-compliant by default. And achieving compliance requires significant additional configuration.
A better option would be to choose a web analytics platform that is compliant with GDPR right off the bat. Something like Matomo would do the trick. Then, complying with any of the tweaks individual countries have made to the basic GDPR framework will be a lot easier—and may even be handled for you.
Privacy-centric data strategies
Effective website data analysis is essential for business success. It enables organisations to understand customer needs and improve service delivery.
But that data doesn’t necessarily need to be tied to their identity — and that’s at the root of many of these regulations.
It’s not to stop companies from collecting data but to encourage and enforce responsible and ethical handling of that data. Without an official privacy policy or ethical data collection practices, the temptation for some to use and abuse that data for financial gain seems too great to resist.
Cookie usage and compliance
There was a time when cookies were the only way to collect reliable information about your customers and prospects. But under GDPR, and in many countries that based or aligned their laws with GDPR, businesses have to give users an easy way to opt out of all tracking, particularly tracking cookies.
So, how do you collect the information you need without cookies ? Easy. You use a web analytics platform that doesn’t depend wholly on cookies. For example, in certain countries and when configured for maximum privacy, Matomo allows for cookieless operation. It can also help you manage the cookie consent requirements of various data privacy regulations.
Choose the right tools
Data privacy regulations have become a permanent feature of the global business landscape. As digital commerce continues to expand, these regulatory frameworks will only become more established. Fortunately, there is a practical approach forward.
As mentioned several times, GDPR is considered by many countries to be a particularly good example of effective data privacy regulation. For that reason, many of them model their own legislation on the EU’s effort, making a few tweaks here and there to satisfy local requirements or anomalies.
As a result, if you comply with GDPR, the chances are that you’ll also comply with many of the other data privacy regulations discussed here. That also means that you can select tools for your data harvesting and analytics that comply with the GDPR out of the box, so to speak. Tools like Matomo.
Matomo lets website visitors retain full control over their data.
Before deciding whether to go with Matomo On-premise or the EU-hosted cloud version, why not start your 21-day free trial ? No credit card required.
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CCPA vs GDPR : Understanding Their Impact on Data Analytics
19 mars, par Alex CarmonaWith over 400 million internet users in Europe and 331 million in the US (11% of which reside in California alone), understanding the nuances of privacy laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) is crucial for compliant and ethical consumer data collection.
Navigating this compliance landscape can be challenging for businesses serving European and Californian markets.
This guide explores the key differences between CCPA and GDPR, their impact on data analytics, and how to ensure your business meets these essential privacy requirements.
What is the California Consumer Privacy Act (CCPA) ?
The California Consumer Privacy Act (CCPA) is a data privacy law that gives California consumers control over their personal information. It applies to for-profit businesses operating in California that meet specific criteria related to revenue, data collection and sales.
Origins and purpose
The CCPA addresses growing concerns about data privacy and how businesses use personal information in California. The act passed in 2018 and went into effect on 1 January 2020.
Key features
- Grants consumers the right to know what personal information is collected
- Provides the right to delete personal information
- Allows consumers to opt out of the sale of their personal information
- Prohibits discrimination against consumers who exercise their CCPA rights
Key definitions under the CCPA framework
- Business : A for-profit entity doing business in California and meeting one or more of these conditions :
- Has annual gross revenues over $25 million ;
- Buys, receives, sells or shares 50,000 or more consumers’ personal information ; or
- Derives 50% or more of its annual revenues from selling consumers’ personal information
- Consumer : A natural person who is a California resident
- Personal Information : Information that could be linked to, related to or used to identify a consumer or household, such as online identifiers, IP addresses, email addresses, social security numbers, cookie identifiers and more
What is the General Data Protection Regulation (GDPR) ?
The General Data Protection Regulation (GDPR) is a data privacy and protection law passed by the European Union (EU). It’s one of the strongest and most influential data privacy laws worldwide and applies to all organisations that process the personal data of individuals in the EU.
Origins and purpose
The GDPR was passed in 2016 and went into effect on 25 May 2018. It aims to harmonise data privacy laws in Europe and give people in the European Economic Area (EEA) privacy rights and control over their data.
Key features
- Applies to all organisations that process the personal data of individuals in the EEA
- Grants individuals a wide range of privacy rights over their data
- Requires organisations to obtain explicit and informed consent for most data processing
- Mandates appropriate security measures to protect personal data
- Imposes significant fines and penalties for non-compliance
Key definitions under the GDPR framework
- Data Subject : An identified or identifiable person
- Personal Data : Any information relating to a data subject
- Data Controller : The entity or organisation that determines how personal data is processed and what for
- Data Processor : The entity or organisation that processes the data on behalf of the controller
CCPA vs. GDPR : Key similarities
The CCPA and GDPR enhance consumer privacy rights and give individuals greater control over their data.
Dimension CCPA GDPR Purpose Protect consumer privacy Protect individual data rights Key Rights Right to access, delete and opt out of sale Right to access, rectify, erase and restrict processing Transparency Requires transparency around data collection and use Requires transparency about data collection, processing and use CCPA vs. GDPR : Key differences
While they have similar purposes, the CCPA and GDPR differ significantly in their scope, approach and specific requirements.
Dimension CCPA GDPR Scope For-profit businesses only All organisations processing EU consumer data Territorial Reach California-based natural persons All data subjects within the EEA Consent Opt-out system Opt-in system Penalties Per violation based on its intentional or negligent nature Case-by-case based on comprehensive assessment Individual Rights Narrower (relative to GDPR) Broader (relative to CCPA) CCPA vs. GDPR : A multi-dimensional comparison
The previous sections gave a broad overview of the similarities and differences between CCPA and GDPR. Let’s now examine nine key dimensions where these regulations converge or diverge and discuss their impact on data analytics.
#1. Scope and territorial reach
The GDPR has a much broader scope than the CCPA. It applies to all organisations that process the personal data of individuals in the EEA, regardless of their business model, purpose or physical location.
The CCPA applies to medium and large for-profit businesses that derive a substantial portion of their earnings from selling Californian consumers’ personal information. It doesn’t apply to non-profits, government agencies or smaller for-profit companies.
Impact on data analytics
The difference in scope significantly impacts data analytics practices. Smaller businesses may not need to comply with either regulation, some may only need to follow the CCPA, while most global businesses must comply with both. This often requires different methods for collecting and processing data in California, Europe, and elsewhere.
#2. Penalties and fines for non-compliance
Both the CCPA and GDPR impose penalties for non-compliance, but the severity of fines differs significantly :
CCPA Maximum penalty $2,500 per unintentional violation
$7,500 per intentional violation“Per violation” means per violation per impacted consumer. For example, three intentional CCPA violations affecting 1,000 consumers would result in 3,000 total violations and a $22.5 million maximum penalty (3,000 × $7,500).
The largest CCPA fine to date was Zoom’s $85 million settlement in 2021.
In contrast, the GDPR has resulted in 2,248 fines totalling almost €6.6 billion since 2018 — €2.4 billion of which were for non-compliance.
GDPR Maximum penalty €20 million or
4% of all revenue earned the previous yearSo far, the biggest fine imposed under the GDPR was Meta’s €1.2 billion fine in May 2023 — 15 times more than Zoom had to pay California.
Impact on data analytics
The significant difference in potential fines demonstrates the importance of regulatory compliance for data analytics professionals. Non-compliance can have severe financial consequences, directly affecting budget allocation and business operations.
Businesses must ensure their data collection, storage and processing practices comply with regulations in both Europe and California.
Choosing privacy-first, compliance-ready analytics platforms like Matomo is instrumental for mitigating non-compliance risks.
#3. Data subject rights and consumer rights
The CCPA and GDPR give people similar rights over their data, but their limitations and details differ.
Rights common to the CCPA and GDPR
- Right to Access/Know : People can access their personal information and learn what data is collected, its source, its purpose and how it’s shared
- Right to Delete/Erasure : People can request the deletion of their personal information, with some exceptions
- Right to Non-Discrimination : Businesses can’t discriminate against people who exercise their privacy rights
Consumer rights unique to the CCPA
- Right to Opt Out of Sale : Consumers can prohibit the sale of their personal information
- Right to Notice : Businesses must inform consumers about data collection practices
- Right to Disclosure : Consumers can request specific information collected about them
Data subject rights unique to the GDPR
- Right to be Informed : Broader transparency requirements encompass data retention, automated decision-making and international transfers
- Right to Rectification : Data subjects may request the correction of inaccurate data
- Right to Restrict Processing : Consumers may limit data use in certain situations
- Right to Data Portability : Businesses must provide individual consumer data in a secure, portable format when requested
- Right to Withdraw Consent : Consumers may withdraw previously granted consent to data processing
CCPA GDPR Right to Access or Know ✓ ✓ Right to Delete or Erase ✓ ✓ Right to Non-Discrimination ✓ ✓ Right to Opt-Out ✓ Right to Notice ✓ Right to Disclosure ✓ Right to be Informed ✓ Right to Rectification ✓ Right to Restrict Processing ✓ Right to Data Portability ✓ Right to Withdraw Consent ✓ Impact on data analytics
Data analysts must understand these rights and ensure compliance with both regulations, which could potentially require separate data handling processes for EU and California consumers.
#4. Opt-out vs. opt-in
The CCPA generally follows an opt-out model, while the GDPR requires explicit consent from individuals before processing their data.
Impact on data analytics
For CCPA compliance, businesses can collect data by default if they provide opt-out mechanisms. Failing to process opt-out requests can result in severe penalties, like Sephora’s $1.2 million fine.
Under GDPR, organisations must obtain explicit consent before collecting any data, which can limit the amount of data available for analysis.
#5. Parental consent
The CCPA and GDPR have provisions regarding parental consent for processing children’s data. The CCPA requires parental consent for children under 13, while the GDPR sets the age at 16, though member states can lower it to 13.
Impact on data analytics
This requirement significantly impacts businesses targeting younger audiences. In Europe and the US, companies must implement different methods to verify users’ ages and obtain parental consent when necessary.
The California Attorney General’s Office recently fined Tilting Point Media LLC $500,000 for sharing children’s data without parental consent.
#6. Data security requirements
Both regulations require businesses to implement adequate security measures to protect personal data. However, the GDPR has more prescriptive requirements, outlining specific security measures and emphasising a risk-based approach.
Impact on data analytics
Data analytics professionals must ensure that data is processed and stored securely to avoid breaches and potential fines.
#7. International data transfers
Both the CCPA and GDPR address international data transfers. Under the CCPA, businesses must only inform consumers about international transfers. The GDPR has stricter requirements, including ensuring adequate data protection safeguards for transfers outside the EEA.
Other rules, like the Payment Services Directive 2 (PSD2), also affect international data transfers, especially in the financial industry.
PSD2 requires strong customer authentication and secure communication channels for payment services. This adds complexity to cross-border data flows.
Impact on data analytics
The primary impact is on businesses serving European residents from outside Europe. Processing data within the European Union is typically advisable. Meta’s record-breaking €1.2 billion fine was specifically for transferring data from the EEA to the US without sufficient safeguards.
Choosing the right analytics platform helps avoid these issues.
For example, Matomo offers a free, open-source, self-hosted analytics platform you can deploy anywhere. You can also choose a managed, GDPR-compliant cloud analytics solution with all data storage and processing servers within the EU (in Germany), ensuring your data never leaves the EEA.
#8. Enforcement mechanisms
The California Attorney General is responsible for enforcing CCPA requirements, while in Europe, the Data Protection Authority (DPA) in each EU member state enforces GDPR requirements.
Impact on data analytics
Data analytics professionals should be familiar with their respective enforcement bodies and their powers to support compliance efforts and minimise the risk of fines and penalties.
#9. Legal basis for personal data processing
The GDPR outlines six legal grounds for processing personal data :
- Consent
- Contract
- Legal obligation
- Vital interests
- Public task
- Legitimate interests
The CCPA doesn’t explicitly define lawful bases but focuses on consumer rights and transparency in general.
Impact on data analytics
Businesses subject to the GDPR must identify and document a valid lawful basis for each processing activity.
Compliance rules under CCPA and GDPR
Complying with the CCPA and GDPR requires a comprehensive approach to data privacy. Here’s a summary of the essential compliance rules for each framework :
CCPA compliance rules
- Create clear and concise privacy policies outlining data collection and use practices
- Give consumers the right to opt-out
- Respond to consumer requests to access, delete and correct their personal information
- Implement reasonable security measures for consumers’ personal data protection
- Never discriminate against consumers who exercise their CCPA rights
GDPR compliance rules
- Obtain explicit and informed consent for data processing activities
- Implement technical and organisational controls to safeguard personal data
- Designate a Data Protection Officer (DPO) if necessary
- Perform data protection impact assessments (DPIAs) for high-risk processing activities
- Maintain records of processing activities
- Promptly report data breaches to supervisory authorities
Navigating the CCPA and GDPR with confidence
Understanding the nuances of the CCPA and GDPR is crucial for businesses operating in the US and Europe. These regulations significantly impact data collection and analytics practices.
Implementing robust data security practices and prioritising privacy and compliance are essential to avoid severe penalties and build trust with today’s privacy-conscious consumers.
Privacy-centric analytics platforms like Matomo enable businesses to collect, analyse and use data responsibly and transparently, extracting valuable insights while maintaining compliance with both CCPA and GDPR requirements.
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