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Data Protection in USA

U.S. Data Protection Regulations & Laws Compared with the EU

Latests Posts About Data Protection in USA

Navigating GDPR Consent Guidelines Navigating GDPR Consent Guidelines

This blog delves into the intricate requirements of GDPR consent, guided by the European Data Protection Board's (EDPB) clarifications and the amendments to the initial guidelines set by the Article 29 Working Party.

The Evolving US Privacy Landscape The Evolving US Privacy Landscape

This blog will delve into the nuances of New Jersey's Senate Bill 332 and New Hampshire's Senate Bill 255, exploring their key features and the potential impacts on privacy norms.

EU Commission Upholds Data Flow to 11 Countries EU Commission Upholds Data Flow to 11 Countries

The European Commission's recent confirmation of the continuity of data flows to 11 third countries and territories marks a significant milestone in international data protection.

New Use Cases Covered By 2B Advice PrIME New Use Cases Covered By 2B Advice PrIME

2B Advice PrIME is pleased to announce several updates to its Privacy Management solution.

Happy 20th anniversary to 2B Advice! Happy 20th anniversary to 2B Advice!

Today marks 20 years since Marcus Belke and Hajo Bickenbach started this amazing company on January 13th, 2003.

Special delivery to Ukraine Special delivery to Ukraine

2B Advice team members spend an afternoon preparing supply packages to be donated to Ukraine via DHL's free shipping.

A good summary of the draft adequacy decision A good summary of the draft adequacy decision

The EU Commission has published the long-awaited draft adequacy decision for data transfers from the EU to the US after analyzing US law and practice.

10th Enterprise User Meeting of 2B Advice was a complete success! 10th Enterprise User Meeting of 2B Advice was a complete success!

2B Advice invited to a personal group user meeting of the data protection management solution 2B Advice PrIME for the first time in three years on October 13, 2022.

New EuroPriSe Experts New EuroPriSe Experts

2B Advice proudly announces that 15 experienced legal and technical privacy professionals have been admitted as EuroPriSe Experts recently.

Children's Data Protection Children's Data Protection

California is safeguarding children's online information from exploitation by corporations by introducing the Age Appropriate Design Code Act requesting a Privacy Impact Assessment.

Information Needed For Companies for the Whistleblower Directive Information Needed For Companies for the Whistleblower Directive

Initially, the EU Whistleblower Directive was supposed to be effective by December 17, 2021. However, the legislative process failed.

Right of Access by the Data Subject Right of Access by the Data Subject

The right of access, enshrined in Art. 15 of the GDPR, gives data subjects the right to obtain from the controller.

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@privacypros Twitter is under investigation by the FTC for allegedly misusing user data, which it said could lead to a fine in the range of $150 million to $250 million https://bloomberg.com/news/articles/2020-08-03/twitter-under-ftc-investigation-for-alleged-misuse-of-user-data via @technology

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U.S. Data Protection and the EU

There is a long history of directives which have been working towards the goal of establishing a binding form of oversight to provide data protection in the USA to govern data exchanges with the EU and Switzerland.

The latest, the Privacy Shield framework, was released in February 2016, replacing the earlier but inadequately conceived and enforced Safe Harbor. While well-intended, over time it had been deemed that Safe Harbor lacked the necessary transparency to provide sufficient data protection for USA and EU data transfers.

The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States.
5 Principles of Data Protection in USA – EU

There are Six Principles of the Privacy Shield Framework:

  1. Notice
  2. Choice
  3. Accountability for Onward Transfer
  4. Security
  5. Access
  6. Recourse, Enforcement, and Liability

Privacy Shield and GDPR

Under the GDPR, Article 46 states that, in the absence of an adequacy decision by the EU Commission, a controller or processor may transfer personal data to a third country outside the European Union only if the controller or processor has provided appropriate safeguards for the data. It is that latter part of the requirement where Privacy Shield comes into play as the goal is to provide the mechanism for the appropriate safeguards. This is important as the penalties for not adhering to privacy compliance is significant under the GDPR, with fines up to 4% of global annual revenue at stake. Fines are increasing and the Data Protection Authorities in countries such as Germany are gaining confidence and becoming more stringent in their audits of organizations, especially multi-nationals who do not respect the privacy of European Union residents.

Data Protection Comparison Germany & USA

Taking a global perspective, a comparison of data protection between Germany and USA means that companies need to take due care in approaching how they transfer personal data between their entities if they are operating in USA and other countries. USA based companies should have an understanding of the German mentality to data protection and data privacy is fundamental to doing business in the country. The EU has the most strict requirements for data protection and data privacy in the world. And even within the European Union, Germany has the most rigorous standards around data protection. Topics related to privacy, data protection and security are always in the spotlight. Today, the US consumers are now becoming more aware of their own data privacy and this has led to a slew of new laws arising in the US, that are similar to the GDPR. In that, the mindset for data protection comparison between Germany and the USA becomes more and more similar. But always keep in mind studies such as by Harvard Business Review, which have shown that German consumers place the highest priority in their data privacy than any others in the world.

In conclusion, businesses which have a need to exchange data between the US and EU, and in particular with Germany, should pay close attention to the Privacy Shield Framework and the GDPR.

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