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Tag: California Consumer Privacy Act

20 Dec 2019

CCPA vs GDPR: What’s the Difference?

In 2018, the business world shuddered as the General Data Protection Regulation (GDPR) came into full force. More shuddering is expected shortly with the California Consumer Privacy Act (CCPA) going into effect on January 1, 2020 – with enforcement measures beginning six months later. But what’s the difference between these two privacy acts? This article gives a high-level overview of the similarities and differences between the GDPR and the CCPA and why you need a flexible policy-based encryption solution to deal with one or both of them.

What is the California Consumer Privacy Act (CCPA)?

The CCPA establishes data privacy rights for Californian residents and it applies to businesses that sell products and services to California residents and collect information about them.

Under the CCPA, California residents have the right to:

  • Know what personal information is collected about them.
  • Know whether their personal information is sold or disclosed and to whom.
  • Opt out of allowing businesses to sell their personal information.
  • Access the personal information collected about them—in the last 12 months—in a user-friendly format.
  • Equal service and price, no matter what privacy options they choose.
  • Erase personal data collected (in some situations).

 

Under the CCPA, Californians can opt out of almost all secondary uses of their personal information including sale to data brokers, tracking and other uses not directly related to service delivery.

Here’s what banks need to know about this law.

What is the General Data Protection Regulation (GDPR)?

The GDPR establishes data privacy rights for Eurpean citizens (who may or may not be residents); it’s a uniform privacy law that applies across the Eurpean Union to protect its 512 million citizens. Companies that do business in Europe are subject to the GDPR.

Under the GDPR, Europeans have the right to:

  • Access their personal data.
  • Correct errors contained in their collected personal data.
  • Withdraw consent for data processing.
  • Stop automated decision making when the decision has a legal implication.
  • Withdraw the consent that allows businesses to sell their personal information.
  • Erase personal data collected (in some situations).
  • Access some personal information collected about them in a user-friendly format.

 

Similarities between the CCPA and the GDPR

Both acts give consumers access to personal data, the right to have companies erase some personal data, a way to opt out of having their personal data sold to third parties and claim damages through a private right of action.

Differences between the CCPA and the GDPR

The GDPR gives citizens the right to stop automated decision making when there’s a legal implication and the right to correct errors in collected data but these aren’t included in the CCPA. It’s hard to say which act is more aggressive with enforcement penalties. While the GDPR tops out at four per cent of a company’s annual global revenues, the CCPA allows fines of up to $2,500 per unintentional violation and $7,500 per intentional violation. Depending on the type of breach, those CCPA fines could add up quickly.

Advantages of the CCPA and the GDPR

For consumers, the advantages of the CCPA and the GDPR are clear: more privacy rights and the power to protect those rights through right of action damages and enforcement penalties. The advantages of the GDPR for business is that it’s one blanket regulation to conform to—which is easier than managing patchwork privacy. Imagine if every country in the EU had its own privacy regulations!

Challenges for businesses

American businesses don’t have to imagine patchwork privacy because it’s already happening with state privacy laws and laws governing cyber security, data security and data breach notification in Washington, Texas, Oregon, New York, New Jersey, Nevada, Maryland, Massachusetts, Maine and California. This means organizations that do business across America and Europe have an increasingly complex privacy landscape to navigate. Compliance must be built into the three Ps of business—people, process and products—because even sending an email is no longer simple.

National organizations, for example companies in banking, financial services and insurance, must adapt to and comply with new privacy laws because it’s unlikely the consumer data privacy trend will reverse itself.

Echoworx OneWorld: a flexible, policy-based encryption solution for GDPR and CCPA compliance

An enterprise privacy program covers everything from daily operations and compliance to policies, procedures and investigations. To build compliance across the 3 Ps of business, organizations must adopt a flexible, policy-based encryption solution.

OneWorld features that help enterprises navigate privacy laws including the GDPR and CCPA:

  • Definable policies – This allows you to control which communications get encrypted (and how) based on the message content. These policies are based on your needs, legislation and encryption best practices. Flexible controls for every scenario allow you to create a customized user experience for senders and recipients and stay in control of encrypted messages in transit and at rest. This policy-based encryption helps you stay compliant with privacy laws.
  • Easy and frictionless user experience – A recent Echoworx survey found that 53 per cent of organizations with encryption found it “too difficult to use.” OneWorld makes it easy for employees and customers to use, making encryption — and compliance — a consistent path of least resistance.
  • Enable inbound encryption – Emails with sensitive information—including protected personal information—are automatically identified, securely routed to the OneWorld web portal and encrypted. Encrypted delivery methods include TLS encryption, encrypted PDFs and attachments, certificate encryption and web portal encryption.

Here’s how it works with OneWorld:

Whether it’s the GDPR or the CCPA, encryption is considered an appropriate measure for protecting personal data—and it comes with financial benefits. A recent Forrester Total Economic Impact™ study showed that a typical enterprise-level organization using Echoworx’s OneWorld encryption platform can expect an ROI of 155 per cent—with upwards of $2.7M in cost-mitigating benefits and a payback period of only seven months.

Are you ready to make flexible, policy-based encryption—that’s also user-friendly—part of your compliance strategy?

By: Brian Cole, Senior Manager Security Operations and Support, Echoworx

11 Nov 2019

California’s CCPA – What Banks Need to Know

The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020 and enforcement measures are scheduled to start six months later. Banks that do business with the state of California and its residents need to protect themselves and get compliant with the CCPA, hailed as “America’s answer to the GDPR.”

A quick view of the CCPA

The CCPA establishes data privacy rights for Californians and, starting soon, this law applies to businesses that sell products and services to California residents and collect information about them.

Under the CCPA, California residents have the right to:

  • Know what personal information is collected about them.
  • Know whether their personal information is sold or disclosed and to whom.
  • Opt out of allowing businesses to sell their personal information.
  • Access the personal information collected about them—in the last 12 months—and receive it in a user-friendly format.
  • Equal service and price, no matter what privacy options they choose.
  • Erase personal data collected (in some situations).

 

This act means Californians can opt out of many secondary uses of their personal information including sales to data brokers, tracking and other uses not directly related to service delivery.

Defining personal information under the CCPA

Section 1798.140, subdivision (o) of the CCPA defines personal information and it’s a long list that includes—but isn’t limited to—identifiers, categories listed in subdivision (e) of Section 1798.80, characteristics of protected classifications, commercial information, biometric information, internet and other electronic network activity, geolocation data, audio, electronic, visual, thermal, olfactory information, professional, employment and education information (that’s not already publicly available) and inferences drawn from information collected.

Call your privacy lawyers and experts because this list is exhaustive; staying in compliance will be complicated and being out of compliance will be costly.

Penalites and fees associated with the CCPA

Like the GDPR, the CCPA has teeth when it comes to penalites. PWC reports that the private right of action damages will be between $100 and $750 per consumer, per breach. And the regulator enforcement penalities will be “up to $2,500 per unintentional violation and $7,500 per intentional violation.”[i]

The impact of the CCPA on banking institutions

As more states institute their own consumer privacy laws, it becomes increasingly complicated for national banks to remain compliant across state borders. Today we’re talking about California but Vermont and South Carolina just passed laws about data collection and breach notification respectively.

Banks must understand privacy laws in all states and countries they do business in and have the processes and products in place to stay compliant with these regulations. They should also expect this trend of patchwork privacy laws to continue and be prepared to adapt to ever-evolving privacy laws.

Any banks that have Eurpean clients are (or should be) GDPR compliant so there’s less work for them to do now as the GDPR and the CCPA have many overlapping requirements. Part of that work includes analyzing data flows, implementing processes to meet the needs of the new regulation and clearly documenting all data and data policies.

Encrypted communications are part of the solution because encryption keeps protected personal information safe at rest and in transit. The Echoworx OneWorld encryption platform makes encryption the path of least resistance which is essential in highly-regulated industries such as banking, financial services and insurance.

How Echoworx OneWorld—a flexible encryption solution—helps banks navigate the CCPA

Encryption is a tool that allows organizations to enhance data protection and breach notification practices.

Encryption is considered[ii]:

  • An appropriate technical and organizational measure for securing personal data when implemented with other appropriate controls to protect the encryption process.
  • An appropriate safeguard for processing personal data for a different purpose than the one it was collected for.

 

But encryption only works when it’s used. And, in a recent survey of IT professionals and IT decision-makers, we found that although encryption is a priority for most organizations, less than half the organizations with encryption software use it extensively.

That’s because many encryption solutions are difficult for employees and clients to use where encryption becomes an extra step; when security is outside of the regular workflow, people are less likely to use it.

At Echoworx, we built our OneWorld encryption platform to seamlessly integrate into existing workflows and make encryption and secure communications the path of least resistance.

OneWorld features that help banks navigate privacy regulations, including the GDPR and CCPA:

  • Definable policies – This feature allows you to control which communications get encrypted (and how) based on the message content. This is set up during implementation—based on your needs and encryption best practices. Flexible controls for every scenario allow you to create a customizable user experience for senders and recipients and stay in control of encrypted messages in transit and at rest.
  • Automatic inbound encryption – Emails with sensitive information—including protected personal information—are automatically identified, securely routed to the OneWorld web portal and encrypted. Encrypted delivery methods include TLS encryption, encrypted PDFs and attachments, certificate encryption and web portal encryption.
  • Secure statement delivery – Senders can batch and deliver sensitive encrypted messages, like financial statements, direct to recipient inboxes in encrypted PDF format, that’s also password protected.
  • Breach notifications – Senders can leverage OneWorld to deliver encrypted and protected communications and notifications to their customers in the instance of a breach.

 

Besides making encryption the path of least resistance, a recent Forrester Total Economic Impact™ study, revealed that a typical enterprise-level organization using Echoworx’s OneWorld encryption platform can expect an ROI of 155 per cent—with upwards of $2.7M in cost-mitigating benefits and a payback period of seven months.

The clock is ticking on the California Consumer Privacy Act. Why wait to make our user-friendly encryption solution part of your compliance strategy?

By: Brian Cole, Senior Manager Security Operations and Support, Echoworx

 


Source:

[i] https://www.pwc.com/us/en/services/consulting/cybersecurity/california-consumer-privacy-act.html

[ii] https://www.echoworx.com/project/encryption-in-the-gdpr/