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Published on August 4, 2021 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) was passed in the November 2020 ballot. 56% of California voters favored the law as it amends and strengthens consumer data privacy rights granted by the CCPA in 2018.
Most notably, the CPRA grants new privacy protection rights to the employees of covered businesses. The exemption for employee data (originally provided by the CCPA) is scheduled to end on the same day as when the CPRA becomes effective i.e January 1st, 2023. CPRA’s enforcement will begin six months later, on July 1, 2023.
Organizations will have additional obligations to treat employee and consumer personal information similarly when the CPRA goes into effect. It is expected that the California Privacy Protection Agency (CPPA), the exclusive regulator and enforcement body set up by the CPRA, shall enact regulations that will adapt the CPRA requirements and business obligations towards employee data.
The CPRA grants the following DSR rights to employees concerning their Personal Information:
Securiti offers the DSR Automation Solution to help organizations honor all rights and simplify the process of fulfilling these rights. The solution turns manual work into an automated process that helps enterprises swiftly respond to data subject requests and enables coordination between stakeholders for reviews and approvals.
Similar to the CCPA requirement for notice which is applicable to employers right now, (despite the general exemption on employee data), as per the CPRA, businesses must also notify employees before or at the point of collection of their personal information (PI) or sensitive personal information (SPI). The notice must include the following details:
Securiti provides a Privacy Notice creation and management solution that utilizes automation and data intelligence to continuously scan data stores, which dynamically updates the disclosure with any changes to the collection, processing, sharing, selling, or retention of personal data in real-time, ensuring compliance.
Securiti’s Consent Management solution helps organizations automate the collection and management of user consent. The solution updates consent status in real-time across systems to ensure organizations always honor the latest, up-to-date preference of the user.
Businesses must not collect additional PI/Sensitive PI or use the already collected PI/Sensitive PI of employees for any purpose that is incompatible with the earlier disclosed purpose unless they provide a new notice to the employee.
Securiti’s data mapping solution helps organizations discover, identify, and map personal data to its owners. Organizations can then create privacy notices and incorporate sensitive data intelligence into their practices to ensure that all the data protection principles have been complied with.
Businesses must only collect, retain and sell/share employees’ PI and sensitive PI that is necessary, minimum, and proportionate to the purpose it was being collected.
The CPRA requires employers to provide a transparent and accessible privacy policy to their employees or a California specific portion within their existing policy which should contain the following information:
Securiti provides a Privacy Notice creation and management solution that recruits robotic automation and data intelligence to scan data stores, dynamically updating the disclosure with any changes to the collection, processing, sharing, selling, or retention of personal data in real-time, ensuring compliance.
The CPRA mandates that businesses that process employees’ personal information in a manner that “presents a significant risk to its consumers’ privacy or security” perform an annual cybersecurity audit and submit it to the CPPA.
This audit must be independent and thorough according to the law. To determine the applicability of the PI processing requirement, organizations need to consider the following factors:
Businesses must plan now and engage a reliable third-party cybersecurity partner to complete the obligatory annual audits.
The CPRA also requires organizations to conduct regular risk assessments to evaluate the privacy risks of processing activities. One of the factors that can be used to evaluate a processing activity is the use of employees’ sensitive PI data. All assessments must weigh the privacy risks of the processing activity against the benefits that are provided. This assessment then needs to be submitted to the CPPA.
Organizations need to start identifying higher risk processing activities now and build a robust risk assessment framework to meet this requirement. This will allow the organization to conduct timely risk assessments and identify problem areas quickly.
Securiti’s Assessment Automation solution utilizes A.I. to help organizations complete PIAs, DPIAs, Readiness Assessments, and Transfer Impact Assessments. The relevant assessment is automatically triggered based on the determined risk.
Businesses must take reasonable and appropriate security practices to protect employees’ PI. Failure to undertake reasonable and appropriate security measures which result in a breach of the employees’ PI (or employee account and password details) may make the business liable to a private right of action. This action can range from $100 to $750 in statutory damages (or actual damages). However, the business has a period of 30 days after receiving the mandatory notice to remediate the issue.
Businesses must notify employees of any breach of unredacted/unencrypted PI (or employee account and password details). Businesses must also notify employees if they encrypted the PI, but the encryption key/security credential is compromised. The notification should be made as soon as reasonably possible. This does not include the time taken to understand the breach’s scope and regain reasonable integrity of the system.
Securiti’s Data Breach Management Solution swiftly identifies compromised data and impacted data subjects in a security incident. It utilizes built-in privacy research to help organizations meet breach notification requirements within hours of a security incident.
Businesses must enter into contracts with the third-party, service provider, or contractor with whom it sells or shares employees PI with, to ensure:
Securiti’s Vendor Assessments solution helps organizations evaluate their current and prospective vendors’ compliance with global privacy regulations. Specifically, it assesses how the vendor manages personal information and privacy & security risks.It also reviews how well the vendor has implemented security measures, and how well the vendor complies with regulatory requirements.
Under the CPRA, organizations can be fined $2,500 per unintentional violation and up to $7,500 per intentional violation. In addition, fines for all violations related to children’s personal information under the age of 16 are $7,500 per violation if the organization had actual knowledge that the personal information belonged to a minor.
Also, organizations do not have the 30-day period to remediate before being fined for violations. Instead, the CPRA gives this responsibility to the CPPA agency, which has the discretionary power to provide the length of time to resolve the issue.
Learn more about the CPRA vs. CCPA here.
The CPRA will take effect starting January 1, 2023, and enforcement will begin six months later (July 1, 2023). To learn more about the CPRA, and its importance, read this article.
Securiti has a suite of AI-powered solutions that have been customized to help organizations comply with the specific regulations of the CPRA.
Request a demo today and start your CPRA compliance journey with Securiti.
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...
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Thailand's Personal Data Protection Act (the "PDPA") is a comprehensive data privacy law that aims to protect the privacy of Thailand’s citizens. The PDPA was said to go into effect on 27 May 2020. However, the PDPA went...
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Data privacy laws have gained increased importance worldwide in the past couple of years. Multiple factors have played a role in this phenomenon, the most important being the necessity to protect users’ data, freedom, and rights to privacy....
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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.
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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.
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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.
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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.
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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:
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UAE have number of laws in place that govern privacy as well as data security in the UAE. Some of those includes:
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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.
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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.
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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.
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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.
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The Canadian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
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The Australian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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”).
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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).
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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.
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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.
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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).
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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.
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