Securiti Named a 2022 Cool Vendor in Data Security by Gartner
Download NowIn August 2018, in South America, the Brazilian government approved Law No. 13.709, named Lei Geral de Proteção de Dados Pessoais (LGPD), which provides consumers with control over their data and amends the Federal Law No. 12.965 of 23 April 2014. This new law went into effect in August 2020.
On June 28, 2018, in North America, a similar bill was passed in the California Legislative Assembly and signed by Jerry Brown due to the pressure of the public through an impending ballot initiative. This law was then amended heavily and in January, 2020, the California Consumer Privacy Act (CCPA), the first comprehensive data privacy law for consumers in the US, went into effect.
In their own ways both CCPA and LGPD are considered game changers in the world of data privacy regulations, and have respectively caused shockwaves in regulatory and compliance circles. While both CCPA and LGPD share the aim of giving consumers more control over their personal data, there are a few significant differences between the two regulations. Here are some of the key differences between the two laws when it comes to scope, rights and enforcement.
When it comes to scope and compliance, CCPA and LGPD have different requirements on who needs to comply. This section explains the difference in scope between the two laws.
The LGPD covers both controllers and processors that process the data of Brazilian residents which was collected in Brazil, whether or not the business has an establishment in Brazil or if the processing of information takes place outside of Brazil.
The LGPD does not apply if the data being processed has originated outside of Brazil, is not a shared communication or has been used with a Brazilian processing agent or has been received via an international data transfer provided that the country of origin (from where the data came from) provides an equivalent level of protection to the data as LGPD.CCPA covers any for-profit business that does business in California and processes the personal information of California residents. In addition, CCPA applies to businesses that meet any one of the following thresholds:
Both regulations give consumers rights relating to their personal information which they can exercise. The following section explains each right and how they differ across the two laws.
Generally, CCPA provides a time period of 45 days to businesses to grant the request, which can be extended a further 45 days without assigning any reason, and for an additional 90 days with justification. In contrast, LGPD says that entities must respond immediately without delay but does not prescribe any specific time duration within which the request must be complied with (though access requests are an exception).
Data controllers must respond immediately to a data subjects’ express request for deletion of their personal data. If this is not possible, the controller must:
There is no requirement in LGPD for the controller to put in place mechanisms to identify the data subject whose personal data is to be deleted.
There are many exceptions which the controller and processor can benefit from so as to refuse the request including: (i) where storage of personal data was authorized for a study by a research entity, or (ii) to comply with a legal or regulatory obligation by the controller, or (iii) processing of personal data that is done exclusively for journalistic and artistic purposes, or academic purposes. (iv) Furthermore, the right to deletion does not apply to the processing of personal data that is done for purposes of public safety, national defence, state security or investigation and prosecution of criminal offenses.
LGPD requires controllers to ensure that data subjects are aware of:
If any change takes place in any of the factors listed above, the data subject should be informed so that their consent for processing can be taken again.
LGPD provides that whenever the processing of data of the data subject is a condition of carrying out a service, supplying a product, or complying with a data subject’s request, the data subject should be informed of this expressly.
When the processing of personal data involves childrens’ and adolescents' personal data, controllers shall make public the information about the types of data collected, the way it is used and the procedures for exercising >the rights referred to under Article 18 of the LGPD.
The CCPA also stipulates that information on the following must be provided to consumers:
Controllers and processors must terminate the processing of personal data upon communication by the data subject of their revocation of consent as long as there are no public interest considerations.
Data subjects also have the right to oppose the processing carried out by controllers and processors based on one of the situations other than consent if there is non-compliance with the LGPD.
CCPA provides consumers with a right to opt out from the selling or disclosing for business purposes of their personal information. The opt-out can therefore only stop the selling of personal information, and it does not impact other uses of their information. However, the right to opt out of the sale is absolute i.e. that businesses cannot reject an opt-out request on the basis of their compelling legitimate grounds and it can be exercised whenever by the consumer.
Businesses must adhere to the language provided in CCPA, namely the homepage of their website must have a link titled ‘Do Not Sell My Personal Information’ and it must also be prominently featured in the Privacy Policy.
Consumers are also to be provided a notice and must be allowed to opt out of the sale of their personal information by a third party.
The LGPD only explicitly requires controllers and processors to provide information on receipt of a data subject’s request. The information must include:
The LGPD states that the information should be provided in a clear and concise form in either electronic or written form.
The LGPD states that personal data must be stored in a format that favours the exercise of the right to access and data subjects should be able to access their data freely.
There are no limitations to the data which can be accessed by the data subjects. However the LGPD does not specify any method to aid the exercise of the data subjects’ rights.
Data access must be provided to the Data Subject within 15 days.
The consumer has a right to request a report of all the personal information collected, disclosed, or sold by a business.
The report must contain:
This right applies only to personal information collected in the 12 months prior to the request and it cannot be exercised more than twice in a month.
The LGPD defines the right to data portability as portability of the data to another service or product provider, by means of an express request and subject to commercial and industrial secrecy, pursuant to the regulation of the controlling agency.
Communication or shared use between controllers of sensitive personal data referring to health for the purpose of obtaining an economic advantage is prohibited.
Only In cases where the data subject has consented to the transfer or when health data is necessary to ensure the rendering of adequate supplementary health services, in other words, the adequate provision of health plans.
Under CCPA, consumers have the right to data portability that ensures access to information in a portable and readily usable format and that allows consumers to transmit information to another entity.
Right to data portability is part of the right to access under CCPA and is therefore subject to the same limitations.
Both the CCPA and the LGPD allow monetary penalties to be issued in cases of non-compliance. However, the nature of the penalties, the amount, and who is subject to them differ.
The ANPD, an independent and specialized data protection authority, enforces LGPD in Brazil.
Depending on the violation, a simple fine of up to 2% of the revenues of a private legal person, group, or conglomerate in Brazil, for the prior financial year, excluding taxes, up to a total maximum of BRL 50,000,000 per infraction may be issued.
If the infraction continues, daily fines going up to BRL 50,000,000 per infraction may be issued, along with blockage of the personal data to which the infraction relates until it is brought within conformity of the law. The data can also be limited.
Partial suspension of the operation of the database and activity being exercised for a period of 6 months can also be enforced. The suspensions can be extended by a further 6 months.
Under LGPD, government agencies cannot be sanctioned with administrative fines.
The Attorney General Office which enforces CCPA can take civil action, which includes imposing an injunction and a civil penalty of $2,500 for each violation. If the violation is considered to be intentional in nature then this can increase to $7,500 for each violation.
There is also a private legal action which consumers can take if their unredacted or unencrypted personal information is breached. Damages between $100-750 or actual harm incurred (whichever is greater) can be recovered.
CCPA has no upper cap on penalties, and amounts can accumulate to well over any fine paid under LGPD or GDPR.
The monetary penalties collected through civil actions under CCPA form the Consumer Privacy Fund, which funds the activities of the Attorney General in this sector.
Both CCPA and LGPD obligate controllers and processors to adopt reasonable and proportionate security measures to protect the personal data they process. LGPD empowers the ANPD to release guidance on which specific security measures are to be adopted.
The ANPD prescribes minimum technical standards for controllers and processors to undertake for protection of data taking into account the nature of information, characteristics of processing and the current state of technology.
LGPD also states that the communication of a data breach to the ANPD must be done in a reasonable time period to be defined.
LGPD does not include further details with regard to the communication of a data breach directly aimed at data subjects.
The Attorney General has the power to independently start investigations and actions against alleged non-compliance from businesses.
The Attorney General also has the power to assess and prosecute a violation of CCPA. CCPA does not specify which activities are included in this assessment.
CCPA does not explicitly state the need for data encryption, but rather that a business is required to take “reasonable security measures” for the protection of Personal Information.
CCPA does not mention data breach notifications but a separate Californian law (AB-1130) requires businesses and agencies to inform consumers and the Attorney General if their data has been breached.
Global privacy regulations are encouraging organizations to automate their data privacy operations in order to seamlessly comply. Robotic automation is no longer a want, but rather a need in this current digital landscape. Several organizations are offering software that helps companies comply with global privacy regulations, but these solutions are restricted to mainly process-driven tasks or basic data-driven functions. AUTI is the only software created by SECURITI.ai, the pioneers of robotic automation, that can be called the perfect software. With its reliability, intelligence and simplicity of use, coupled with ended-to-end automation, AUTI is the only software that can help an organization comply with regulations fully and effectively.
Get all the latest information, law updates and more delivered to your inbox
[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
The Australia Privacy Act 1988 (Privacy Act) was enacted to protect the privacy of data subjects and regulate how Australian agencies and organizations with an annual turnover of more than $3 million handle their customers’ personal information.
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
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