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Today we will look at the differences between the proposed American Data Privacy Protection Act (ADPPA) and the EU's General Data Protection Regulation (GDPR). This newsletter should give you an idea of what your company may need to change to remain compliant with the new laws should they come into force.
Onwards and upwards,
Liam
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US vs EU Data Privacy Laws
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Background
Last month Democrats introduced the first-ever federal privacy legislation in the US that has advanced to a full chamber vote of the House. This legislation is expected to harmonize privacy laws across the US.
So far, a limited number of states have data protection and privacy laws. California was the first in 2018, and Colorado, Rhode Island, Utah, and Virginia have since followed suit, with Massachusetts, Minnesota, New Jersey, Ohio and Pennsylvania currently considering new laws.
The result has been a very fragmented system. Most companies simply follow the EU's GDPR requirements as they are the strictest in the world, and compliance with these standards allows your company to operate internationally comfortably.
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The Law
The ADPPA and GDPR have many similarities and differences. We are going to first examine some similarities before jumping into the differences.
Similarities
- Both are built around the fundamental principles of transparency, data minimization, necessity and proportionality.
- The requirements for the production and maintenance of data and documents are similar.
- The rights of individuals are the same in terms of their ability to request access, correct and deletion of their data.
Differences
- Covered Data is defined differently; most importantly, employee data and data that has since been publically shared are not protected.
- Individuals under the act cover only US residents. In the EU, its customers of EU companies as well as EU residents.
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Takeaways
This is a crucial piece of legislation to keep your eye on. Once passed, it will create a national standard for privacy protection across the US.
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