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Download NowThe Personal Information Protection and Electronic Documents Act (PIPEDA) is a Canadian federal law relating to data privacy and contains various provisions to facilitate the use of electronic documents.
PIPEDA was initially introduced on 13 April 2000 and entered into force in stages, beginning on 1 January 2001 and extending to organizations in Canada from 1 January 2004. PIPEDA, as known today, governs how businesses in Canada can collect, use and disclose personal information in the course of commercial activities.
Across Canada, PIPEDA also applies to personal information that crosses any provincial or national borders, regardless of which province or territory they’re based in.
The Office of the Privacy Commissioner (OPC) of Canada oversees enforcement and compliance with PIPEDA. The OPC assists individuals and businesses in understanding better and addressing privacy issues.
PIPEDA applies to private-sector organizations engaged in commercial activities. Organizations that are subject to provincial privacy laws are generally exempt from the application of the PIPEDA.
PIPEDA does not explicitly refer to the nationality or place of residence of individuals. Instead, PIPEDA applies to all organizations in Canada which collect, use, or disclose personal information of natural persons in the course of commercial activities (including personal information belonging to employees).
PIPEDA imposes strict obligations for companies regarding safekeeping, access, retention, and destruction of users’ personal information.
According to PIPEDA and OPC Guidelines, any information can be sensitive depending on the context. For example, the following information constitutes sensitive personal information:
PIPEDA does not apply to the collection, use, or disclosure of personal information for personal use or household purposes, as it only applies to commercial activities.
PIPEDA applies to all Canadian organizations that collect, use or disclose personal information in the course of commercial activities.
PIPEDA also applies to organizations outside of Canada if their activities involve a real and substantial connection to Canada. This is used on a case-by-case basis.
PIPEDA sets out 10 fair information principles which are as follows:
PIPEDA does not differentiate between data controllers and data processors and provides a similar set of responsibilities for both controllers and processors. PIPEDA demands all organizations appoint individuals who will be accountable for ensuring streamlined compliance of an organization’s data activities in accordance with the provisions of PIPEDA.
In many circumstances, PIPEDA requires organizations to obtain the data subject’s consent to use, disclose, and retain any personal information.
Consent of an individual is valid if it is reasonable to expect that an individual to whom the organization’s activities are directed would understand the nature, purpose, and consequences of the collection, use, or disclosure of the personal information to which they are consenting. The information must be provided in manageable and easily accessible ways to data subjects and data subjects must be allowed to withdraw consent.
If there is a use or disclosure a data subject would not reasonably expect to be occurring, such as certain sharing of information with a third party or the tracking of location, express consent would likely be required.
However, the data subject’s consent may not be required for certain data processing activities such as when the collection is “clearly” in the interests of the individual and consent cannot be obtained in a timely way, data is being collected in the course of employment, journalistic, is already publicly available, information is being collected for the detection and prevention of fraud or for law enforcement, and seeking the consent of the data subject might defeat the purpose of collecting the information.
PIPEDA requires all organizations to enforce the necessary security measures to protect the personal information of data subjects against loss or theft, unauthorized access, disclosure, copying, use, or any modification.
The breach notification requirements under PIPEDA came into effect on 1 November 2018. Organizations are now required to notify individuals, the OPC, and potentially other organizations of a data breach such as law enforcement organizations or organizations processing payments. The breach notification must take place as soon as feasible after the organization determines that the breach has occurred.
Under PIPEDA, organizations are required to maintain a record of every data breach involving personal information.
PIPEDA imposes that organizations appoint data protection officer(s) who must act as the point of contact for individuals. The data protection officer will be responsible for monitoring compliance with the provisions of the PIPEDA. The name, title, and address of the officer(s) must be made explicitly available for anyone who wants to get in touch with the data protection officer.
Under PIPEDA, organizations must record the purposes for which personal information is collected.
PIPEDA does not provide any specific restrictions for cross-border data transfers. However, all cross-border data transfers are subject to the “accountability” principle under PIPEDA.
Accordingly, the data transferring organization is accountable for the protection of the personal information it is transferring to. The OPC's Guidelines for Processing Personal Data Across Borders ('the Cross-border Guidelines') has specified that suitable means include, but are not limited to, ensuring that the third party:
Simultaneously, the Cross-border Guidelines also specify that organizations must provide notice to customers that:
PIPEDA bestows the following rights to data subjects:
PIPEDA imposes administrative penalties for non-compliance, where the amount may vary depending upon the severity and the kind of violation. According to PIPEDA, the following conduct may account for an offense:
For offenses punishable on summary conviction, fines do not exceed CAD 10,000 and indictable offenses do not exceed CAD 100,000.
The global dynamics of accessing and sharing personal data is rapidly changing, requiring organizations to become more privacy-conscious of their processes and responsible guardians of their consumers' data, all while automating privacy and security operations for swift action.
With a growing database of users and potential users, organizations need to incorporate robotic automation to operationalize compliance without missing out. While multiple services offer software that enables companies to comply with global privacy regulations, those solutions only go as far as possible with various restrictions or elementary data-driven functions.
Securiti binds reliability, intelligence, and simplicity, working on the PrivacyOps framework to allow end-to-end automation for organizations. Securiti can help you stay compliant with Canada’s PIPEDA law and other privacy and security regulations worldwide. See how it works. Request a demo today.
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Break Silos of Sensitive Data & Risk Understanding across Multicloud and self managed systems. Common grammar, policies and reporting
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Find data assets, and discover personal and sensitive data in structured and unstructured data systems, across on-premises and multi-cloud.
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Classify & label data to ensure appropriate security controls are enabled on most sensitive data in your organization
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Collect, organize, enrich and build a data catalog to address privacy, security and governance solutions
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Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
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Assess risk scores for every data asset, asset location, or personal data category
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Auto discover personal data in Snowflake and enforce access governance
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Auto discover personal data in Snowflake and enforce access governance
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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.
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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.
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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
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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.
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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.
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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.
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Enable privacy by design through the AI driven PrivacyOps platform
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Maintain your Data Catalog with continuous automated updates
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Automate data subject rights request fulfillment and maintain proof of compliance
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Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
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Audit once and comply with many regulations. Collaborate and track all internal assessments in one place.
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Automation of privacy assessment collection from third parties, collaboration among stakeholders, follow-ups and compliance analytics.
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Automate global cookie consent compliance.
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Simplify and automate universal consent management.
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Automate the incident response process by gathering incident details, identifying the scope and optimizing notifications to comply with global privacy regulations.
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Keeping privacy notices up-to-date made easy
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Operationalize GDPR compliance with the most comprehensive PrivacyOps platform
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Operationalize CCPA compliance with the most comprehensive PrivacyOps platform
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Revolutionize LGPD compliance through PrivacyOps
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Identify data risk & enable protection and control
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Discover data assets, detect & catalog sensitive data in it
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Classify and label data to ensure appropriate security controls
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Monitor data security posture and identify external and internals risks to data security
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Policy based alerts and remediations to protect data from external and internal threats
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Investigate data security issues and take remediation actions
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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.
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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.
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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.
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Protecting sensitive content is a priority for all organizations, however, due to volume of sensitive content and
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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.
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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.
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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:
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.
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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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