CCPA: GDPR as a Catalyst for Improving Data Protection Outside the EU

It wasn't too long ago that discussions and meetings on the subject of digitization and consumer identity access management (CIAM) in an international environment became more and more controversial when it came to privacy and the personal rights of customers, employees and users. Back then the regulations and legal requirements in Europe were difficult to communicate, and especially the former German data protection law has always been belittled as exaggerated or unrealistic.

However, in the past three years, during which I have given many talks, workshops and advisory sessions on the subject of the European General Data Protection Regulation (EU-GDPR), perception has shifted. Many companies, especially large ones, have adopted the concepts of privacy, data security and data protection and have embraced the principles behind them.

Of course, this is especially true for European and German companies, as the implementation phase of the GDPR is finally over since the end of May 2018 and the GDPR and its obligations are fully effective and enforceable. This also includes the applicability to all companies processing data of European citizens. Thus, this important milestone of data protection regulation has had considerable effects on international enterprises as well, in particular on large US companies.

I myself, as a consumer, an online services user and a customer, have in the meantime perceived the first positive changes toward a new appreciation of trust and respect as the basis of a customer-supplier relationship (instead of “Hands up, give me all your personal data” as before). That went hand-in-hand with the desire and the expectation that the GDPR as a precedent could also act as a role model.

This is exactly what's happening right now. The first important example is the California Consumer Privacy Act (CCPA). The CCPA was passed at the end of June 2018 and will come into force on January 1, 2020, with actual implementation scheduled to begin sometime between January 1, 2020 and July 1, 2020.

CCPA is surely no 1:1 copy of the GDPR, for it it is considerably slimmer, a little more readable, leaves out some central demands of the GDPR and surely benefits from the experiences that have already been made elsewhere.

One thing is obvious: This puts companies in California and the US in a situation comparable to that in which EU companies were at the beginning of the implementation period, May 25, 2015. Those who have already adjusted their business to accommodate the GDPR probably might be better off, because they only have to deal with the differences between the requirements of GDPR and CCPA. Those enterprises, to which the GDPR was perhaps too "far away", must deal now with the requirements of their national legislation and initiate profound changes in their systems, processes and their organization...

If CCPA is relevant for you, right now is exactly the right time to embark on this journey.

Beware, this is where the promotional section of this blog post kicks in: Wouldn't it be good if you were able to draw on the experience of an international analyst company with extensive experience in this area? With a local team in the US that has international experience in handling personally identifiable information (PII) from customers, consumers, employees and citizens? That has been incorporating privacy, security and trust into the design of complex (C)IAM systems for years? Do you want to be prepared for the implementation of the CCPA? Do you want to meet the GDPR and CCPA requirements in equal measure and define a strategic path for implementation? Then get in touch with us to have a first chat with our US team.


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