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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

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.

Subject Access Request Automation Subject Access Request Automation

Individuals have the right to access their personal data, commonly referred to as subject access. But can this process be automated?

What Is Information Governance? What Is Information Governance?

How to implement effective information governance over a company’s high value information as strategic asset.

2B Advice achieves ISO/IEC 27001:2013 Certification 2B Advice achieves ISO/IEC 27001:2013 Certification

2B Advice customers trust us with their data and we strive to ensure our solutions are in line with international privacy and information security standards.

What Is Article 30 of the GDPR? What Is Article 30 of the GDPR?

Learn about Article 30 of the GDPR and how processing activities are affected in the EU. Contact 2B Advice for a consultation today.

2B Advice announces version 7.5 of the 2B Advice PrIME privacy compliance software 2B Advice announces version 7.5 of the 2B Advice PrIME privacy compliance software

The latest software version includes many new capabilities and expands on several features launched in 2B Advice PrIME earlier this year.

Opt In vs. Opt Out Opt In vs. Opt Out

There is changing viewpoint over the practices of opt-in and opt-out email marketing. Here we explain the difference between opt-in & opt-out and what is the preferred approach today.

How Does a Consent Management Platform Help With Data Privacy? How Does a Consent Management Platform Help With Data Privacy?

A comprehensive privacy management software platform for managing CCPA compliance includes core elements such as consent manager, cookie banner, and policy notice generators.

What is Workflow Automation and Why Do I Need It? What is Workflow Automation and Why Do I Need It?

Automated workflow for privacy compliance management is one of a set series of planned tasks to be performed in a chronological order.

Data Privacy vs Security: Common Misconceptions Data Privacy vs Security: Common Misconceptions

Privacy is often associated with security in popular literature and the media, consumers assume that they are the same thing, when they are not.

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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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