Looking beyond GDPR, global data protection legislation

Why regulations such as GDPR exist

Clive Mackintosh, Founder of GDPR Rep, experts in GDPR Representation breaks down a range of global personal data and privacy legislation.

Regulations such as the General Data Protection Regulation (GDPR) exist to protect individuals' personal data and privacy. These regulations are put in place to ensure that organizations and companies that collect, process, and store personal data are doing so in a responsible and secure manner. They also give individuals more control over their personal data, including the right to access, correct, or delete it. This helps to prevent data breaches and unauthorized access to personal information, which can have serious consequences for individuals such as identity theft or financial fraud. Overall, GDPR and similar regulations exist to protect individuals' rights and privacy while also promoting trust and transparency in how organizations handle personal data.

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Why many countries/ regions have created and or updated regulations in recent times 

Regulations such as GDPR (General Data Protection Regulation) have been created in recent years to protect the personal data and privacy of individuals in the digital age. With the increasing amount of data being collected, stored, and shared online, there is a growing concern about the potential misuse or abuse of this information. GDPR and similar regulations aim to give individuals more control over their personal data and ensure that companies and organizations are transparent about how they collect, use, and share this information. These regulations also hold companies and organizations accountable for protecting personal data and ensuring that any breaches or misuse are promptly reported.

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Europe & the UK

The General Data Protection Regulation (GDPR) is a regulation implemented by the European Union (EU) to protect the personal data of EU citizens. It sets guidelines for how companies and organizations must collect, store, and use personal data, and also gives individuals greater control over their personal data. The GDPR came into effect on May 25, 2018 and applies to all organizations operating in the EU, as well as those outside the EU that process personal data of EU citizens. The United Kingdom on leaving the European Union implemented the GDPR into its own domestic law and the principles as written into the EU GDPR now apply to the UK.

North America

United States, California
CCPA California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) is a state-level data privacy law that went into effect on January 1, 2020. It gives California residents certain rights over their personal information, including the right to know what personal information a business collects about them, the right to request that their personal information be deleted, and the right to opt-out of the sale of their personal information. The CCPA also requires businesses to disclose certain information about their data collection and sharing practices and to provide a "Do Not Sell My Personal Information" link on their website. The law applies to businesses that collect personal information from California residents and have annual gross revenues over $25 million, or that annually buy, receive, sell, or share the personal information of 50,000 or more California residents, households, or devices.

United States
New York
The New York Privacy Act

The New York Privacy Act is a proposed legislation in the state of New York that aims to protect the personal information of residents by establishing strict data privacy regulations for companies and organizations. The bill, which is currently under consideration by the New York State Assembly and Senate, would give consumers more control over their personal information and would require companies to obtain explicit consent before collecting, using, or sharing personal data. The act would also establish a right to data portability, allowing consumers to easily transfer their personal information between different companies. Additionally, it would create a private right of action for individuals whose personal information is mishandled, allowing them to seek damages for any harm caused by a company's failure to comply with the act's requirements.

Canada
PIPEDA - Personal Information Protection and Electronic Documents Act

The PIPEDA (Personal Information Protection and Electronic Documents Act) is a Canadian federal privacy law that regulates the collection, use, and disclosure of personal information by organizations in the private sector. It applies to organizations engaged in commercial activities, including businesses, charities, and not-for-profit organizations. The act sets out rules for obtaining consent, protecting personal information, and providing individuals with access to their personal information. Additionally, it requires organizations to report data breaches to the Privacy Commissioner of Canada and to affected individuals. The act is enforced by the Office of the Privacy Commissioner of Canada.

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South America

Argentina
The Argentina Personal Data Protection Act

The Argentina - Personal Data Protection Act, also known as the "Ley de Protección de Datos Personales" in Spanish, is a law that regulates the collection, storage, use, and dissemination of personal information in Argentina. It establishes the rights of individuals to control their personal information and the responsibilities of companies and organizations that collect, use, and process personal data. The law also establishes the National Directorate for the Protection of Personal Data, an independent body responsible for enforcing the regulations and investigating violations. The purpose of the law is to protect the privacy and personal rights of individuals and ensure that their personal information is handled in a responsible and secure manner.

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Brazil
LGPD - General Law of Personal Data Protection

The Brazil - LGPD (Lei Geral de Proteção de Dados) or General Law of Personal Data Protection is a law that was enacted in Brazil in August 2018. It regulates the collection, use, storage, and sharing of personal data of individuals in Brazil. The law applies to all organizations, regardless of size or sector, that process personal data of Brazilian residents.

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The LGPD establishes strict rules for the handling of personal data, including the need for explicit consent for the collection and use of personal data, the right to access and rectify personal data, and the right to be forgotten. It also requires organizations to appoint a Data Protection Officer (DPO) and to implement robust data protection measures to ensure the security of personal data.

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Violations of the LGPD can result in fines of up to 2% of the company's gross revenue for the previous financial year, or up to R$ 50 million, whichever is higher. The law will be enforced by the National Data Protection Authority (ANPD) starting August 2021.

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Uruguay
Act on the Protection of Personal Data and Habeas Data Action

The Uruguay - Act on the Protection of Personal Data and Habeas Data Action is a law passed in Uruguay that aims to protect the personal data and privacy rights of individuals in the country. It establishes a framework for the collection, storage, use, and dissemination of personal data, and gives individuals the right to access and correct their own personal data. The law also establishes a National Data Protection Authority to oversee compliance with the law and investigate any complaints or violations. The Act also establishes a right to "habeas data," which allows individuals to exercise control over their personal data, including the right to know what data is being collected and how it is being used.

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Asia

Japan
‍APPI - Act on the Protection of Personal Information

The Japan-APPI, or Act on the Protection of Personal Information, is a law in Japan that regulates the collection, use, and storage of personal information by businesses and organizations. The law aims to protect individuals' personal information and privacy rights by setting strict rules for the handling of personal data. This includes requirements for obtaining consent for the collection and use of personal information, as well as strict security measures to protect data from unauthorized access and breaches. The Japan-APPI also establishes a Personal Information Protection Commission to enforce the law and investigate violations.

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New Zealand
The New Zealand Privacy Act

The New Zealand Privacy Act is a law that governs the collection, use, and storage of personal information in New Zealand. It sets out the rights and obligations of individuals and organizations in relation to personal information, including the rights of individuals to access and correct their personal information, and the obligations of organizations to protect personal information from unauthorized access, use, or disclosure. The Privacy Act also establishes a Privacy Commissioner, who is responsible for enforcing the Act and providing guidance and advice on privacy matters.

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South Korea
PIPA - ​​Personal Information Protection Act

The South Korea Personal Information Protection Act (PIPA) is a law that governs the collection, use, and protection of personal information in South Korea. It was first implemented in 2011 and was later amended in 2017 to strengthen the protection of personal information. The law applies to all organizations, including government agencies, private companies, and non-profit organizations, that collect, use, or process personal information. It sets out strict guidelines for the handling of personal information, including the requirement for consent, the right to access and correct personal information, and the obligation to report data breaches. The PIPA also establishes penalties for non-compliance, including fines and imprisonment.

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