Securiti Named a 2022 Cool Vendor in Data Security by Gartner
Download NowBlogs
Published on March 1, 2022 AUTHOR - Privacy Research Team
Securiti’s CPRA assessment evaluates your readiness for CPRA and reviews how compliant your current practices are. This assessment highlights any deficiencies in your practices & aid in your CPRA compliance efforts.
For more information about the California Privacy Rights Act (CPRA) and how to kickstart your CPRA compliance program, see our CPRA Compliance Checklist here and download our white paper on 7 Essential Tips to Prepare for the CPRA.
The California Privacy Rights Act (CPRA) is California’s equivalent of the European Union’s General Data Protection Regulation (GDPR). Its principal purpose is to ensure that businesses dealing with California consumers’ personal information take the appropriate measures to protect the privacy and integrity of their data.
Furthermore, it requires businesses to undertake several changes within their standard practices to ensure users are properly educated and informed about what personal information about them is being collected and what are their rights in relation to the captured personal information.
In view of that, CPRA compliance must take the front seat for businesses still catering to California’s consumers. To make that process easier, the following CPRA compliance checklist will allow companies to decide what direction they must take going forward.
The first step to becoming properly CPRA compliant is to know whether your business falls within the CPRA’s scope. Unlike the GDPR, which applies to both for profit and nonprofit entities - including government bodies - the CPRA is only meant to regulate data collection, storage, processing and sharing practices of for-profit businesses doing business in California. Furthermore, a for profit business conducting business in California would need to be CRPA compliant if they fulfill the following criteria:
In case a business fulfills the criteria above, it is essential that it begins devising a plan to meet any and all CPRA compliance requirements as soon as possible. Here’s a rundown of things to get started on:
Figuring out where to start can be tough. Hence, the wise thing to do would be to conduct a thorough gap analysis of your current data collection practices. Once you’ve done so, you’ll know what kind of data you’re currently collecting, storing, using, and whether these current practices are compliant with the requirements under the law. More importantly, you’ll know how drastically the company needs to alter its current practices.
A gap analysis can provide you with a framework to work with. Make sure the personnel, in charge of this analysis, have an in-depth understanding of both the CPRA compliance requirements and the company’s own data collection, processing, and protection practices.
Updating the website’s privacy policy is the most logical way to get started with CPRA compliance. For data handlers operating in California, and already complying with the CCPA, there are some updates that need to be made to the existing privacy policies.
The most important of these updates include informing whether the data handler collects any sensitive personal information (SPI) on its users. CPRA defines SPI as the consumers’ social security number, driver’s license number, passport number, financial information, racial and ethnic origin, geo-location, health data, religious affiliation, and trade union membership. By going into such details, CPRA has mandated businesses to be transparent with their users if they collect any of this information.
If a business does collect any of this information, it should be reflected in the privacy policy and educate the users on what rights they have with regards to the data being collected. Additionally, it should contain reasonably educational information for the consumer on
Lastly, a business must have a toll-free number and email address for a customer to contact if they ever want to exercise any of the above-mentioned rights.
As per CPRA, the customer has a right to know exactly what information the business has collected on them. These include information that falls under these criteria:
A business must only respond to a customer’s request to know about their data once a Verifiable Customer Request (VCR) is made. It is the business's responsibility to create two methods for the customer to submit a VCR. These can include a toll-free number and an email channel.
A business must respond to a legitimate request within 45 days, with a further 45 allowed if necessary, provided the customer is properly informed of this extension within the first 45 days. Afterward, a report covering the previous 12-month period from when the request was made must be sent to the customer via mail or email, depending on the mode the customer chooses.
Educating the users includes establishing an easy and simple way for any customer to request access, change, and deletion of any data collected on them, including SPI. The best practice to follow in this case would be to embed a DSR form on your website as it makes it convenient for users to make any sort of requests related to their data.
Additionally, it is highly advisable that data handlers should set up a verification process for data subjects to ensure that only the right person gets access to their data when they file a DSR request.
Another key facet that differentiates CPRA from CCPA is that failure of compliance with CPRA requirements in the case of minors can lead to a hefty $7,500 penalty per violation. Hence, businesses should have mechanisms in place that would require special opt-in consent from any consumer below the age of 16 for the sale or sharing of their personal information. Moreover, data handlers are prohibited to request consent within 12 months of the previous consent’s refusal. .
Typical mechanisms to be used may include requiring an adult’s email to ensure proper consent is given.
Unlike the GDPR which follows an opt-in approach where a business is required to seek a user’s consent before processing their data, the CPRA follows an opt-out model where the onus is on the customer to request their data not be shared, sold, or forwarded to any other parties.
However, the CPRA does require all data handlers to make opting-out easier for all customers since each page must carry a “Do Not Sell or Share My Personal Information” and a ‘Limit the use of my Sensitive Personal Information’ button across the website.
Additionally, it is advisable to have a visible opt-out banner on the website’s homepage in addition to dedicated resources on the website educating customers on things such as the difference between opt-in and opt-out, how the data collected on them is used, and most importantly, how to opt-out of having their data shared, sold, or forwarded to any other parties.
This is arguably the most important part of being CPRA compliant as it is the most volatile part. Make sure that all the data collected on users is properly stored, backed up, and encrypted, whether on the company’s own premises or any other remote location such as data lakes, hybrid, or multi-clouds. All data handlers must maintain proper data maps, records, and inventories on the data they collect. Some other practices that make up a good data governance regime include the following:
Any follow up steps differ from regulation to regulation. Hence, an organisation must ensure its data storage practices are in compliance with the statutes of the regulation tehya re subject to.
A business’ responsibility towards their users’ data does not end with themselves. Under CPRA, any other parties involved with whom the consumers’ personal information was shared or sold to, will have certain obligations and restrictions placed on them as well.
As per CPRA, a “contractor” is defined as someone that a business shares their users’ data with for a business purpose in the presence of a written formal agreement. This agreement, pursuant to CPRA, shall bar all such contractors from:
Similar to a contractor, the CPRA defines “service providers” as someone that might receive the users’ data to perform a business-related task for the business. Similar to a contractor, the CPRA prohibits service providers from:
The CPRA defines a “third party” as an umbrella term for anyone that the consumer does not interact intentionally and to whom the consumer’s personal information may be shared or sold. They can be anyone apart from the following:
As per the CPRA, even third parties must agree to provide the data similar protections to the CPRA for the transfer to be valid.
The CPRA will come into effect on January 1, 2023. Businesses have until then to audit their current practices, come up with a new framework that adheres to the CPRA regulation on data protection, train their staff accordingly, and reinvent how they handle their customers’ data. It wouldn’t be wrong to state that this presents a significant challenge for all corporations.
Securiti is a market leader in AI-driven solutions to data privacy and data compliance software. Using robotic automation, artificial intelligence, and machine learning, it automates most of the organizations’ compliance tasks at the click of a single button. To learn more about how Securiti and its several privacy compliance tools can help your business, request a demo today.
June 28, 2022
A data subject access request (DSAR) is a formal request by a user (data subject) to an organization collecting their data asking for details related to how their data is being collected, used, stored, and possibly shared. Furthermore,...
June 24, 2022
Under the GDPR, personal data that directly or indirectly identifies an individual must not be collected, stored, or processed unless there is an appropriate legal basis to do so. Article 6 of the GDPR defines the six lawful...
June 21, 2022
When the California Privacy Rights Act (CPRA) comes into effect, replacing the existing California Consumer Privacy Act (CCPA), organizations will have to change their current business practices around personal information handling. One significant change will be Regular Risk...
[email protected]
PO Box 13039,
Coyote CA 95013
Break Silos of Sensitive Data & Risk Understanding across Multicloud and self managed systems. Common grammar, policies and reporting
Key Features
Find data assets, and discover personal and sensitive data in structured and unstructured data systems, across on-premises and multi-cloud.
Key Features
Classify & label data to ensure appropriate security controls are enabled on most sensitive data in your organization
Key Features
Collect, organize, enrich and build a data catalog to address privacy, security and governance solutions
Key Features
Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
Key Features
Assess risk scores for every data asset, asset location, or personal data category
Key Features
Auto discover personal data in Snowflake and enforce access governance
Key Features
Auto discover personal data in Snowflake and enforce access governance
Key Features
Discover, classify, manage and protect sensitive data in Workday. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Box. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Slack. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more
Key Features
Discover, classify, manage and protect sensitive data in Github. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Jira. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Dropbox. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in SAP Successfactors. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Servicenow. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Zendesk. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Apache Hive. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Apache Spark SQL. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Cassandra. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Couchbase. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Enable privacy by design through the AI driven PrivacyOps platform
Key Features
Maintain your Data Catalog with continuous automated updates
Key Features
Automate data subject rights request fulfillment and maintain proof of compliance
Key Features
Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
Key Features
Audit once and comply with many regulations. Collaborate and track all internal assessments in one place.
Key Features
Automation of privacy assessment collection from third parties, collaboration among stakeholders, follow-ups and compliance analytics.
Key Features
Automate global cookie consent compliance.
Key Features
Simplify and automate universal consent management.
Key Features
Automate the incident response process by gathering incident details, identifying the scope and optimizing notifications to comply with global privacy regulations.
Key Features
Keeping privacy notices up-to-date made easy
Key Features
Operationalize GDPR compliance with the most comprehensive PrivacyOps platform
Key Features
Operationalize CCPA compliance with the most comprehensive PrivacyOps platform
Key Features
Revolutionize LGPD compliance through PrivacyOps
Key Features
Identify data risk & enable protection and control
Key Features
Discover data assets, detect & catalog sensitive data in it
Key Features
Classify and label data to ensure appropriate security controls
Key Features
Monitor data security posture and identify external and internals risks to data security
Key Features
Policy based alerts and remediations to protect data from external and internal threats
Key Features
Investigate data security issues and take remediation actions
Key Features
Snowflake is a cloud based data warehouse that allows organizations to run large scale data analytics projects to uncover business insights, run or train machine learning models, and modernize their data infrastructure.
Key Features
Microsoft O365 is the ubiquitous productivity suite for every business worker. Users rely on Office products such as OneDrive and SharePoint to collaborate with their co-workers.
Key Features
Organizations want to migrate their on-premises data to cloud data stores to take advantage of scale and flexibility while reducing operational cost of managing on-premises infrastructure. However, due to privacy regulations such as GDPR, CCPA administrators have to ensure that data is migrated in compliance with these laws.
Key Features
Protecting sensitive content is a priority for all organizations, however, due to volume of sensitive content and
Key Features
While data aids in business decision making, global privacy regulations such as GDPR, CPRA require organization to identify personal & sensitive data & use only for its intended purpose and implement adequate protection.
Key Features
The CDMC Framework sets up controls that companies should put in place, and establishes clear guidelines around data accountability, governance, classification, usage, protection and privacy.
CDMC Framework
Securiti enables organizations to meet multiple regulations around the world and helps with compliance requirements through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities and AI-driven process automation.
Securiti is a complete PrivacyOps Solution.
View all solutionsThe California Consumer Privacy Act (CCPA) was signed into law on June 28, 2018 and is scheduled to come into effect on January 01, 2020. Often compared to GDPR, CCPA protects consumers from mismanagement of their personal data and gives the consumer control over what data is collected, processed, shared or sold.
Key Features
The California Privacy Rights Act (CPRA) will take effect from January 1, 2023, and will apply to personal information collected on or after January 1, 2022. Enforcement of the CPRA will start six months later (July 1, 2023). The CPRA builds upon the CCPA, strengthening user privacy for California residents.
Key Features
The EU General Data Protection Regulation (GDPR) came into effect on May 25, 2018 and changed the global privacy landscape. It has broadened the definition of processing activities and personal data, impacting companies worldwide, and has tightened the rules to obtain consent before processing information.
Key Features
The Lei Geral de Proteção de Dados (LGPD) is modeled with similarities to the General European Data Protection Regulation (GDPR) and contains sixty-five articles. It was approved on August 14, 2018 and its validity has undergone several changes, the last relevant fact being MPV 959. LGPD is in effect since September 18, 2020. The sanctions by the ANPD (Brazilian Data Protection Authority) were postponed to August 2021. The LGPD allows people have more rights over their data and expects organizations to comply with their regulations or face heavy penalties or fines.
Key Features
China has complex data protection and data security regime, however, the following are three main laws that primarily cover China’s data protection and data security regulatory framework. These laws are:
Frameworks
UAE have number of laws in place that govern privacy as well as data security in the UAE. Some of those includes:
Frameworks
The government of New Zealand has recently replaced its long-existing Privacy Act of 1993 with a modernized version, the Privacy Act 2020. The New Zealand Privacy Act 2020 (NZPA) will take effect from December 1, 2020.
Key Features
The Personal Data Protection Act, B.E. 2562 (2019) ('PDPA') is Thailand's first consolidated data protection law, which was published in the Thai Government Gazette on 27 May 2019. This law was said to go into effect on 27 May 2020. However, in May 2020, the Thai Cabinet through a Royal Decree has deferred the enforcement of certain data protection provisions of the PDPA until 31 May 2021.
Key Features
In order to protect the data of individuals in South Africa, Parliament assented to the Protection of Personal Information Act (POPIA) on 19th November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the remaining sections (excluding section 110 and 114(4)) was 1st July 2020. As per the Regulator’s Operational Readiness Plan the Regulator will be able to take enforcement actions for the violation of POPIA by July 1st 2021.
Key Features
Singapore’s Personal Data Protection Act (PDPA) comprises various provisions governing the collection, disclosure, use, and care of personal data. It recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate and reasonable purposes.
Key Features
The Canadian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
Frameworks
The Australian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
Frameworks
After the invalidation of Privacy Shield, many companies are relying on the SCCs in order to continue transferring data of EU citizens to companies based in countries who are not deemed adequate for data transfer.
After the CJEU judgement, it is clear that these companies have to conduct Risk Assessments with the data recipients in these countries in order to ensure they have enough controls to mitigate any potential data or regulatory risk.
Key Features
On January 31, 2020, the government of Saudi Arabia issued the Executive Regulations to the Saudi E-Commerce Law 2019 (“ECL”) that was in effect since October 2019. The Executive Regulations together with the ECL (“Law”) aim to protect consumers’ personal data by requiring organizations to take appropriate technical and administrative measures.
Key Features
Turkey was one of the first countries to start the trend of legislating data protection. Turkey published “Law on the Protection of Personal Data No. 6698 (LPPD) covering personal data protection on April 07, 2016.” The LPPD is based on the European Union Data Protection Directive 95/46/EC and has several similarities with the GDPR. It aims to give data subjects’ control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with. The LPPD has also provided comprehensive guidelines for the transfer of personal data to the third parties.
Key Features
In December 2019, India, following several other countries' footsteps on the privacy laws' developments, introduced the Personal Data Protection Bill (PDPB) to regulate the processing, collection, and storage of personal data. However, in November 2021, the bill’s name was amended to now be called the Data Protection Bill 2021 (DPB).
Key Features
The Irish Data Protection Act, 2018 (Irish DPA) implements the General Data Protection Regulation (GDPR) and transposes the European Union Law Enforcement Directive in Ireland. Since it incorporates most of the provisions from the GDPR and the Law Enforcement Directive with limited additions and deletions as per the national law, it is considered to be the principal data protection legislation in Ireland.
Key Features
The Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2012 (the “PDPO) is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data, and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.. The Data Protection Principles ( the “DPPs or DPP ''), which are contained in Schedule 1 to the PDPO, outline how entities should collect, handle, disclose, and use personal data.
Key Features
In 2012, the Philippines passed the comprehensive privacy law, Data Privacy Act 2012 Republic Act. No, 10173 (the "DPA"). The DPA recognizes the rights of individuals to have more control over their personal data while ensuring a free flow of information to promote innovation and growth.
Key Features
South Korea has a general law and several special laws that cover data protection and individuals' privacy. South Korea's data protection regime is considered one of the strictest data protection regimes owing to its notification requirements, opt-in consent, extensive data subject rights, mandatory data breach notifications, and heavy sanctions in case of non-compliance.
Key Features
The Act on the Protection of Personal Information (the "APPI'') regulates personal related information and applies to any Personal Information Controller (the “PIC''), that is a person or entity providing personal related information for use in business in Japan. The APPI also applies to the foreign PICs which handle personal information of data subjects (“principals”) in Japan for the purpose of supplying goods or services to those persons.
Key Features
Qatar is the first gulf country that has passed a national data privacy law and has paved the way for all other gulf countries to follow suit. In 2016, Qatar enacted Law no. 13 Concerning Personal Data Protection (the “DPL”). Qatar became the first Gulf Cooperation Council (GCC) member state to issue an “European Style” applicable data protection law. The DPL establishes a certain degree of personal data protection, provides data subject rights, and prescribes the guidelines for organizations for the processing of personal data within Qatar.
Key Features
Bahrain has become a part of the countries that have enacted a data privacy regulation to protect the rights of their residents. On 12 July 2018, Bahrain drafted its law on data protection regulation, Law No. 30. This then went on to go into effect on the 1st of August 2019 as the Bahrain Personal Data Protection Law (PDPL) and supersedes all other laws. The PDPL recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate purposes.
Key Features
After the Success of the California Consumer Privacy Act (CCPA) in California, Virginia is now following the same path. The Virginia Consumer Data Protection Act (VCDPA) has been passed and will go into effect on 1st of January 2023. This law is closely designed after the newer California Privacy Rights Act (CPRA) but with a few significant and important differences.
Key Features
After the VCDPA in Virginia, Colorado has closely followed suit and has passed their own comprehensive data privacy law to protect the personal data of the residents of Colorado.The Colorado Privacy Act (CPA) was signed into law on the 8th of July, 2021 and has been modelled closely after the VCDPA.
Key Features
Saudi Arabia has drafted a data privacy regulation to protect the personal data of individuals in Saudi Arabia. This law was approved by the Council of Ministers in Saudi Arabia and is named the Personal Data Protection Law (the “PDPL”).
Key Features
Uganda’s Data Protection and Privacy Act 2019 seeks to protect Uganda’s citizens and their personal data by outlining and implementing rules for processing personal data and sensitive personal data by entities within or outside the country.
Key Features
Ghana Data Protection Act 2012 establishes a comprehensive set of provisions governing the collection, processing, use, and protection of personal data by the data controller or data processor.
Key Features
Kenya’s Data Protection Act, 2019 (DPA) is based on the framework of the EU’s General Data Protection Regulation (GDPR), making it the third region in East Africa to have enacted and enforced data protection regulations.
Key Features
Malaysia’s Personal Data Protection Act (PDPA) was passed by the Parliament of Malaysia on 2 June 2010. The PDPA sets out a complete cross-sectoral framework to protect the personal data of individuals with respect to commercial transactions.
Key Features
Although there is no comprehensive data protection law in Indonesia, however, there are several regulations that regulate the Indonesia's draft Personal Data Protection Bill (PDPB) & Personal Data Protection Regulations (PDP Regulations)
Frameworks
Oman’s Personal Data Protection Law (Oman’s PDPL) has been published in the country’s official gazette, and it will come into force by February 9, 2023, one year after its issuance which was February 9, 2022. The law applies to any natural person’s personal data including but not limited to their name, location data, identification number, and health-related information.
Key Features
Kuwait’s Data Privacy Protection Regulations (DPPR) applies to all public and private Telecommunication Services Providers and related industry sectors who collect, process, and store personal data and user-related content in whole or in part of a data storage system, whether processed inside or outside the State of Kuwait.
Key Features
The Personal Data Protection Act (PDPA) protects Sri Lankan residents’ data while regulating how organizations collect, process, store, and maintain this data. The PDPA also grants users a wide range of data subject rights, meant to give them more control over their data.
Key Features
Issued on 27 July 2006, the Russian Federal Law on Personal Data (No. 152-FZ) remains one of the oldest data protection laws in effect today. Moreover, it is one of the few laws enacted before the EU's landmark General Data Protection Regulation (GDPR).
Key Features
Germany’s Bundesdatenschutzgesetz (BDSG) in German, or the Federal Data Protection Act in English, was enacted in May 2018 to implement the GDPR in Germany.
Key Features
The Data Protection Act (DPA) of 2018 was passed in April 2016 and came into effect on May 25, 2018. This was the same day the General Data Protection Regulation (GDPR) came into effect.
Key Features
Directive 2002/58/EC on Privacy and Electronic Communications, known more prominently as the ePrivacy Directive, is a key set of instructions released to ensure the privacy and confidentiality of all electronic communications within the European Union (EU).
Key Features
The New York State Department of Financial Service Cybersecurity Regulations or 23 NYCRR 500 is a set of 23 cybersecurity requirements mandatory for all financial institutions registered in New York working under its Banking Law, Insurance Law, or Financial Services Law.
Key Features
In November 2020, the European Commission released a draft of the new Data Governance Act. This came as a result of the 2020 European Data Strategy that aims to facilitate data sharing across sectors and member states.
Key Features