GDPR and CCPA Compliance

Navigating Global Privacy Regulations That Shape Data Practices

The General Data Protection Regulation and California Consumer Privacy Act established comprehensive privacy frameworks that have influenced regulations worldwide. Organizations doing business internationally or serving California residents must understand and comply with these landmark laws, along with the growing roster of state privacy laws following CCPA's model. This practice helps clients build compliance programs that address GDPR, CCPA, and the evolving U.S. privacy landscape.

GDPR Compliance Framework

GDPR applies to organizations processing personal data of EU residents, regardless of where processing occurs. Key compliance requirements include lawful basis determination establishing legal grounds for each processing activity, data subject rights implementation enabling access, deletion, correction, and portability, privacy notices meeting transparency requirements, data protection impact assessments for high-risk processing, records of processing activities documenting compliance, vendor management through data processing agreements, and data protection officer appointment where required. GDPR's extraterritorial reach means many U.S. companies need compliance programs even without EU physical presence.

CCPA and CPRA Requirements

California's privacy laws grant consumers rights regarding personal information held by businesses meeting certain thresholds. Key requirements include notice at collection disclosing data practices, consumer rights to know, delete, and opt-out of sales, do not sell and limit sensitive data processing obligations, service provider contract requirements, and non-discrimination provisions protecting consumers who exercise rights. CPRA amendments expanded the law, creating the California Privacy Protection Agency and adding requirements like data minimization and purpose limitation. Compliance requires systematic program implementation, not just privacy policy updates.

Emerging State Privacy Laws

Following California's lead, numerous states have enacted comprehensive privacy laws including Virginia, Colorado, Connecticut, Utah, and others. While similar in structure, these laws differ in scope, consumer rights, and compliance requirements. Variations include different applicability thresholds, varying opt-in versus opt-out models, different sensitive data definitions and requirements, and varying enforcement mechanisms and penalties. Organizations operating nationally face a complex patchwork requiring careful analysis and coordinated compliance approaches.

Harmonizing Compliance Approaches

Organizations subject to multiple privacy regimes need efficient compliance strategies that address overlapping requirements without unnecessary duplication. Harmonization approaches identify common requirements that single controls can address, establish baseline privacy practices meeting the most stringent applicable requirements, implement jurisdiction-specific measures where necessary, and leverage consent and preference management across regimes. Harmonized approaches reduce compliance burden while ensuring comprehensive coverage.

Data Inventory and Mapping

Effective compliance requires understanding what personal data exists and how it flows. Data inventories identify data categories collected, processing purposes, storage locations, retention periods, and sharing relationships. Data flow mapping tracks how data moves through systems and to third parties. This foundational work supports numerous compliance requirements including records of processing, privacy notices, impact assessments, and rights fulfillment. Investment in thorough data mapping pays dividends across compliance activities.

Technical and Organizational Measures

Privacy regulations require appropriate technical and organizational measures to protect personal data. Security requirements vary by regulation but generally require risk-based approaches. Privacy by design principles should be integrated into system development. Data minimization and purpose limitation affect what data can be collected and how it can be used. Retention limitations require data deletion when purposes are fulfilled. Implementing these principles requires coordination between legal, IT, and business functions.

Enforcement Trends and Risk Management

Privacy enforcement continues to intensify with significant penalties under both GDPR and state laws. GDPR fines have reached hundreds of millions of euros for serious violations. State attorney general enforcement is increasingly active. Class action litigation adds private enforcement risk. Understanding enforcement trends informs compliance prioritization. Risk assessment helps allocate resources to highest-impact areas. Documented compliance programs demonstrate good faith efforts that may mitigate penalties when issues arise.