The General Data Protection Regulation is a regulation in EU law on data protection and privacy for all of the individuals within the European Union (EU) and the European Economic Area (EEA), inclusive of the export of personal data outside the EU and EEA areas.
The GDPR’s ultimate aim is to provide control to citizens over their data as well as solve the complexity in the regulatory environment for international business by unifying the regulation within the EU to give Data Privacy.
The California Consumer Privacy Act of 2018 is set to dramatically bring a change in business methods of handling data in the populous states.
Companies storing vast amounts of personal information- which includes major players like Facebook and Google – will be asked to disclose the data types they collect, as well as allow consumers to opt-out of having their data sold.
The legislation, which is somewhere similar to Europe’s new GDPR rules, is the result of a final minute attempt to head off a ballot measure that would have brought a slightly different set of privacy rules to the state.
A strange path to regulation
Silicon Valley hasn’t been eager for new privacy regulations. But in a strange twist, tech companies didn’t fight this bill – and some openly supported it.
That’s likely because a ballot measure, cleared for a vote in California this fall. Therefore, it would’ve been even harder for tech companies to collect personal information.
The initiative was more detailed in what it forces companies to disclose, and it demanded higher fines for lawbreakers. Tech giants Google, Microsoft, Amazon, Uber, and Facebook, as well as internet service providers Comcast, Cox, Verizon, and AT&T, had already started lining up against the ballot initiative.
Direct from the Horse’s mouth
“People should be in control of their information online, and companies should have a standard explanation of what data they have and how they use it, especially when they sell data,” said Will Castleberry, Facebook’s vice president of state and local public policy, who emphasized that the company doesn’t sell user data.
“While this law adds a significant new layer of privacy protections for California consumers, even its authors have acknowledged it is far from perfect and will need revisions in the months ahead as its consequences and workability are better understood,” said Linda Moore, president, and CEO of TechNet, in a statement. (Source: www.cnet.com)
This makes The New Law unlike GDPR
The rights in the new law are somewhere similar to some sections of the European Union’s new privacy law, the General Data Privacy Regulation, minus some necessary provisions. Unlike GDPR, it doesn’t enact a set deadline for notifying consumers of a data breach, which the GDPR does.
Next, the GDPR creates the possibility of enormous fines – potentially more than 40 million euros ($46.26 million). Especially, for companies found in GDPR breaching. Hence, it asks for an authority to enforce the law in each EU member state. The legislation passed in California does not include any such practices making it different from The General Data Privacy Regulation.
Damages paid to customers top out at $750 per individual in each case. Here there are breaches in the law. Hence, the highest penalty per violation against companies may be upto $7,500.
The California attorney general would be entirely in charge of deciding the final judgment. This would be against companies that may violate the law.
There could be investigations from the attorney general’s office. Also proposed class actions filed by lawyers against tech giants. Especially, if consumers believe any specific company is guilty of non-compliance with the law.
Have a Glance at the latest updates to date.
By 2020 as per the present assumptions this new Data Privacy Law will come into force. As a result, it will ensure data protection and its security, laid with different rules and regulations.
let’s see whether this law turns into a monumental achievement for consumers or fails to stand by their expectations. California is leading the way in creating unprecedented consumer protections for the rest of the nation.
Hope for the Best!