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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

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.

What is Privacy Software? What is Privacy Software?

Data protection requirements have become so complex that even small and medium-sized companies need a data protection tool.

Cybersecurity and Privacy Solutions in Smart Cities Cybersecurity and Privacy Solutions in Smart Cities

The impact of privacy law on Smart Cities application is discussed, as is the potential for off specification data collection that may be a target for hacking.

GDPR Requirements for U.S. Companies in 2020 GDPR Requirements for U.S. Companies in 2020

Even though the GDPR is a European standard, there are GDPR requirements that apply to many U.S. Companies.

Coronavirus: Employee Privacy Rights Coronavirus: Employee Privacy Rights

As companies develop their crisis and communications plans around the coronavirus (Covid-19) threat, they will need to take into account their employee privacy rights.

Automating GDPR and CCPA Compliance Automating GDPR and CCPA Compliance

Get the details on the latest 2B Advice PrIME release 7.0. Now with even more features to support automated GDPR and CCPA compliance.

How to Appoint a Data Protection Officer (DPO)? How to Appoint a Data Protection Officer (DPO)?

Here is how to appoint a Data Protection Officer (DPO) to comply with the GDPR in the EU or to support US privacy regulations such as CCPA.

What is a Data Protection Officer (DPO)? What is a Data Protection Officer (DPO)?

One of the distinctions between the (GDPR) and the California Consumer Privacy Act (CCPA) is the definition of a Data Protection Officer

CCPA Requirements for 2020 for Businesses CCPA Requirements for 2020 for Businesses

5 Amendments clear up ambiguities around the CCPA requirements for 2020 for businesses.

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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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