In the digital era, there are rapidly growing information streams, a significant part of which is data related to individuals. Some of this information allows its owner to directly or indirectly identify other people to whom the data is related. This is the key concept of the “personal data” term. To avoid arbitrary invasion of privacy there is a right to privacy which is a component of many legal systems that aims to protect the private life of an individual from any interventions. Currently, such a right is mentioned in over 185 national constitutions.
As the right to privacy is granted, it needs to be properly regulated and protected by legislation. Navigating through the various privacy acts is a complicated process concerning their different requirements. Our team specializes in helping businesses navigate the complex landscape of data protection laws worldwide, ensuring you remain compliant and avoid hefty penalties.
Key data protection laws to consider
In today's globalized world, almost every country has implemented some form of data protection legislation to safeguard personal information. However, the level of detail and enforcement varies significantly from one jurisdiction to another.
While some countries have comprehensive and stringent regulations, others may have more lenient and less specific laws. Additionally, not all data protection laws are extraterritorial; some apply only within the country's borders, while others have a broader reach affecting international businesses.
Here are some crucial privacy frameworks businesses must understand for a variety of reasons:
General Data Protection Regulation (GDPR) - European Union
GDPR is considered the gold standard of data protection laws globally. It applies to any organization processing the personal data of EU residents, regardless of where the organization is based.
The key features of GDPR include:
→ Extraterrestrial applicability. GDPR's reach extends beyond the EU, affecting any company that processes the data of EU residents.
→ High penalties. Non-compliance can result in fines of up to €20 million or 4% of the company’s global annual turnover, whichever is higher.
→ Strict consent requirements. Companies must obtain explicit consent from individuals before processing their data.
→ Data subject rights. Includes the right to access, correct, and delete personal data.
Compliance with GDPR not only avoids significant fines but also enhances your company's reputation and trustworthiness in the eyes of customers and partners. Also, if you comply with GDPR due to its complexity, it will be easier to deal with any other privacy legislation.
California Consumer Privacy Act (CCPA) - United States
CCPA is a comprehensive data privacy law that enhances privacy rights and consumer protection for residents of California. The key features of CCPA include:
→ Consumer rights. Provides California residents with the right to know what personal data is being collected, the purpose of collection, and with whom it is shared.
→ Opt-out option. Consumers can opt-out of the sale of their personal data.
→ Data deletion. Consumers have the right to request the deletion of their personal data.
→ Enforcement and penalties. The California Attorney General can impose fines for non-compliance, and consumers can sue for data breaches.
Given California's significant market size, compliance with CCPA is crucial for any business targeting U.S. customers. It also sets a standard that may soon be adopted by other states or at the federal level.
When you might need it
→ Starting a digital business: if you're launching a new venture, understanding global data protection laws can help you choose a jurisdiction that aligns with your business model and data handling practices.
→ Expanding internationally: for businesses looking to scale across borders, compliance with local data protection laws in each new market is essential.
→ Launching new products: if these products involve collecting or processing personal data, ensuring compliance from the outset can save time and resources.
→ Investing in international ventures: investors must consider the data protection landscape to mitigate risks associated with non-compliance in target companies.
→ Relocating operations: moving your business to a new jurisdiction requires a thorough understanding of local data protection laws to ensure seamless continuity.
What can we help with:
→ Consultation: We will review and discuss your business model, preferences, and other important aspects, preparing a questionnaire for you. It is necessary to define what privacy laws are applicable to your business, what privacy pitfalls may occur in your business process and whether there are any risks for you.
→ Drafting: We create a customized comparison report that addresses your requirements and the relevant laws. It is accompanied by explanations, tables, diagrams, and other tools for a simpler and more convenient presentation.
→ Review & revision: You will have the opportunity to review and request revisions to ensure all your concerns are addressed.
→ Finalization: Upon your review, we make corrections or additions to the report and deliver the final version.
→ Next steps: After choosing your location, we provide a step-by-step plan to enter the jurisdiction and handle all the paperwork and formalities for your business.
