What are the differences in data privacy frameworks across regions?

Data privacy is a crucial aspect of data governance, as it involves the protection of personal information from unauthorized access, use, or disclosure. However, data privacy is not a one-size-fits-all concept, as different regions have different legal frameworks, cultural norms, and expectations regarding how data should be collected, processed, and shared. In this article, you will learn about some of the main differences in data privacy frameworks across regions, and how they affect your data governance strategy.

1 GDPR: The European Standard

The General Data Protection Regulation (GDPR) is the most comprehensive and influential data privacy framework in the world, as it applies to any organization that offers goods or services to individuals in the European Union (EU), or monitors their behavior. The GDPR grants individuals several rights over their personal data, such as the right to access, rectify, erase, restrict, port, and object to the processing of their data. The GDPR also imposes strict obligations on data controllers and processors, such as the requirement to obtain valid consent, conduct data protection impact assessments, implement appropriate security measures, notify data breaches, and appoint data protection officers. The GDPR also enforces a high level of accountability and transparency, as organizations must demonstrate their compliance with the regulation and inform individuals about how their data is used.

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Kai Hüner

CTO @ CDQ AG | PhD | Data Sharing: The best way to better data
GDPR is not just a regulatory hurdle, it is a statement of intent, a commitment to individual rights in a digital age. I have seen the GDPR's ripple effect, setting a benchmark that goes beyond Europe. It has forced a shift in perspective, from viewing data as a commodity to seeing it as a personal attribute that demands respect and protection. This shift isn't just about compliance; it's about building trust with customers, partners, and vendors. Embracing GDPR isn't just about following rules; it's about leading with values, where privacy becomes a cornerstone of your operation. It’s about ensuring that every piece of customer data is handled as responsibly as if it were your own.
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2 CCPA: The Californian Model

The California Consumer Privacy Act (CCPA) is the first comprehensive data privacy law in the United States, and it applies to any business that collects, sells, or shares the personal information of California residents, regardless of where the business is located. The CCPA gives individuals the right to know what personal information is collected, used, sold, or shared by a business, the right to opt out of the sale or sharing of their personal information, the right to request the deletion of their personal information, and the right to non-discrimination for exercising their rights. The CCPA also requires businesses to provide clear and conspicuous notices to consumers about their privacy practices, and to implement reasonable security procedures to protect their personal information.

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Giovani Profeta dos Santos

Digital Law, Privacy Protection, Project Management, Cybersecurity, Social Inclusion, AI Prompter.
Still failing on app permissions and contracts. Social media apps sells your data using your pemission, so that's is a consent. But there is also sensitive data on that content. You need to accept that to use that social media app. Because it is a contract, everything is permited? GDPR (Europe) and LGPD (Brazil) should review those apps contracts and permissions, some of them are above than abusive.
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3 PDPA: The Asian Approach

The Personal Data Protection Act (PDPA) is a common name for several data privacy laws that have been adopted or proposed in various Asian countries, such as Singapore, Malaysia, Thailand, and India. The PDPA is generally based on the OECD Privacy Guidelines, which are a set of principles for the protection of personal data in the digital age. The PDPA typically defines personal data as any information that can identify an individual, and requires data controllers and processors to obtain consent, provide notice, limit collection, ensure accuracy, protect security, and respect rights of individuals. The PDPA also establishes data protection authorities, enforcement mechanisms, and cross-border data transfer rules.

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4 APEC CBPR: The Regional Framework

The Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules (CBPR) system is a voluntary and enforceable data privacy framework that aims to facilitate the free flow of personal information across the APEC region, while ensuring adequate protection of privacy rights. The CBPR system consists of four elements: a set of privacy principles based on the APEC Privacy Framework, a self-assessment questionnaire for data controllers to demonstrate their compliance with the principles, an accountability agent that certifies and monitors the compliance of data controllers, and a cooperation mechanism that enables the exchange of information and assistance among participating economies. The CBPR system is currently endorsed by nine APEC economies, including Japan, Canada, Australia, and Mexico.

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5 NDB: The Australian Scheme

The Notifiable Data Breaches (NDB) scheme is a mandatory data breach notification regime that applies to any organization that is subject to the Australian Privacy Act 1988, which regulates the handling of personal information in Australia. The NDB scheme requires organizations to notify the Australian Information Commissioner and the affected individuals of any data breach that is likely to result in serious harm, such as identity theft, fraud, or physical or psychological harm. The notification must include the description of the breach, the type and extent of the personal information involved, the steps taken or recommended to mitigate the harm, and the contact details of the organization. The NDB scheme also encourages organizations to take proactive measures to prevent and respond to data breaches.

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6 LGPD: The Brazilian Law

The Lei Geral de Proteção de Dados (LGPD) is the new data privacy law in Brazil, and it applies to any organization that processes the personal data of individuals in Brazil, or offers goods or services to them. The LGPD grants individuals several rights over their personal data, such as the right to access, confirm, correct, delete, anonymize, block, or transfer their data. The LGPD also imposes various obligations on data controllers and processors, such as the requirement to obtain consent, provide notice, ensure data quality, adopt security measures, report data breaches, and appoint data protection officers. The LGPD also creates a new data protection authority, the Autoridade Nacional de Proteção de Dados (ANPD), which is responsible for issuing guidelines, conducting investigations, and imposing sanctions.

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Giovani Profeta dos Santos

Digital Law, Privacy Protection, Project Management, Cybersecurity, Social Inclusion, AI Prompter.
Still need more people. Only 5 employeers analyzing data leaks on ANPD (The regulatory agency) Brazil isnt taking LGPD seriously.
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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Eduardo Monteverde, Esq. CIPP/E, CIPP/US, CIPM

AML/BSA | Compliance| Privacy | Consulting | Technology | DPO for AMR | Data Protection Agreement Negotiator for Intralinks | Certified @PrivacyPro #IAPP #CIPP E/US #CIPM
While I was working for the IAPP I noticed that the main issue to consider regarding the different approaches by regions is that they use similar or same terms of art, but the definitions and obligations vary, sometimes a little, others by a lot. The scope of a Data Controller or a Data Processor or the steps to have an International Data Transfer vary from regulation to regulation. The OECD and the EU's GDPR have provided main guidelines, but, there has not been a consensus of a minimum standard, and it seems that it will not happen on a global scale, even though the GDPR creates a sort of coercion to endorse their requirements so European data may flow, ideally through and Adequacy determination.
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What are the differences in data privacy frameworks across regions?

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1 GDPR: The European Standard

2 CCPA: The Californian Model

3 PDPA: The Asian Approach

4 APEC CBPR: The Regional Framework

5 NDB: The Australian Scheme

6 LGPD: The Brazilian Law

7 Here’s what else to consider

Data Governance

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What are the differences in data privacy frameworks across regions?

1

2

3

4

5

6

7

1 GDPR: The European Standard

2 CCPA: The Californian Model

3 PDPA: The Asian Approach

4 APEC CBPR: The Regional Framework

5 NDB: The Australian Scheme

6 LGPD: The Brazilian Law

7 Here’s what else to consider

Data Governance

Rate this article

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