What is the difference between GDPR and the US data protection laws?
The General Data Protection Regulation (GDPR) is an overarching European Union (EU) privacy law that applies to all EU member states and businesses that offer services to EU residents. It was enacted in 2018 to strengthen the individual right to data privacy and protect citizens’ personal data from misuse. The GDPR also sets out rules to ensure that companies collect, store, and use the data responsibly. In contrast, the data protection laws in the United States, such as the California Consumer Privacy Act (CCPA), are much less comprehensive. The CCPA only applies to businesses located in California and companies that collect the personal data of consumers who are California residents. It gives California residents the right to know what information a company is collecting about them, the right to request that a business delete their information, and the right to opt out of the sale of their personal data. Unlike the GDPR, the CCPA does not have any provisions that require businesses to take proactive measures to protect consumer data. While the GDPR requires companies to regularly conduct data protection assessments and implement safeguards to protect personal data, US data protection laws are more focused on the rights of consumers after their data has been mishandled. This means US companies must be prepared to respond to incidents rapidly, but they are not necessarily required to proactively prevent them.
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