Major Privacy Laws Overview: GDPR, ePrivacy, CCPA/CPRA and Other Global Regulations
Privacy law shapes how analytics systems collect, process, and store data. The global landscape is fragmented but converging around a common set of principles.
GDPR: The European Standard
The General Data Protection Regulation entered force on May 25, 2018. It set new standards for personal data protection in the EU and became a global reference.
Key Principles
Extraterritorial scope. GDPR applies to any organization processing EU residents' data, regardless of where the company sits.
Lawful bases. GDPR lists six bases for processing:
- Explicit consent
- Performance of a contract
- Legal obligation
- Vital interests
- Public-interest tasks
- Legitimate interests of the controller
Subject rights:
- Access
- Rectification
- Erasure ("right to be forgotten")
- Restriction of processing
- Data portability
- Objection
- Rights related to automated decision-making
Impact on Analytics
Requirements for Analytics Systems
- Explicit consent before setting cookies
- Minimization of collected data
- Pseudonymization and anonymization where possible
- Limited retention periods
- Deletion on request
ePrivacy Directive and the Future Regulation
The ePrivacy Directive (2002/58/EC), known as the "Cookie Law," complements GDPR for electronic communications.
Current Requirements
Cookie consent. Informed consent is required before placing or reading cookies, except for technically necessary cookies.
Communication metadata. Protection extends to metadata: time, location, parties involved.
Expected Changes
The forthcoming ePrivacy Regulation aims to:
- Cover OTT services (WhatsApp, Skype)
- Simplify cookie consent through browser settings
- Strengthen metadata protection
- Match GDPR penalties (up to 4% of global turnover)
CCPA/CPRA: California
The California Consumer Privacy Act (CCPA) entered force on January 1, 2020. The California Privacy Rights Act (CPRA) expanded it from January 1, 2023.
Scope
The law applies to commercial organizations that:
- Conduct business in California
- Collect personal information of California residents
- Meet at least one criterion:
- Annual gross revenue exceeds $25 million
- Process data of 100,000+ consumers (CPRA)
- Derive 50%+ of revenue from selling personal information
Consumer Rights
Right to know. Consumers can request information about which categories of personal data are collected, used, disclosed, or sold.
Right to delete. Consumers can require deletion of their personal information, with exceptions.
Right to opt out of sale. Sites must show a "Do Not Sell or Share My Personal Information" link.
Right to non-discrimination. Businesses cannot punish consumers who exercise their rights.
CPRA Additions
CPRA Extensions
- California Privacy Protection Agency (CPPA) created
- "Sensitive personal information" category introduced
- Right to correct inaccurate information
- Right to limit use of sensitive data
- Mandatory risk assessments for high-risk operations
Other US State Laws
Virginia CDPA
Virginia's Consumer Data Protection Act requires companies to:
- Obtain explicit consent for processing sensitive data
- Conduct data protection assessments for certain processing
- Provide rights of access, deletion, correction, and portability
Colorado CPA
The Colorado Privacy Act includes:
- Universal Opt-Out Mechanism
- Rules for profiling and automated decisions
- Data minimization obligations
Connecticut CTDPA
The Connecticut Data Privacy Act focuses on:
- Protection of minors' data
- Data protection assessments
- Right to opt out of targeted advertising
LGPD: Brazil
Lei Geral de Proteção de Dados (LGPD) entered force in August 2020. It unified 40 sectoral regulations.
Broad definition of personal data. Any information that directly or indirectly identifies a person.
Ten lawful bases. GDPR has six. LGPD adds bases like credit protection, exercise of rights in judicial proceedings, and protection of life or physical safety.
ANPD. The National Data Protection Authority oversees enforcement and issues guidelines.
PIPEDA: Canada
The Personal Information Protection and Electronic Documents Act rests on 10 fair information principles.
Key Principles
Accountability. Appoint someone responsible for compliance.
Identifying purposes. State purposes at or before collection.
Consent. Required for collection, use, or disclosure.
Limiting collection. Only what is necessary for stated purposes.
Comparison
| Aspect | PIPEDA | GDPR | CCPA/CPRA |
|---|---|---|---|
| Extraterritoriality | Limited | Full | Limited |
| Penalties | Up to CAD 100,000 | Up to 4% of turnover | $2,500-7,500 per violation |
| Right to deletion | No | Yes | Yes |
| Data portability | Recommended | Mandatory | No |
POPIA: South Africa
The Protection of Personal Information Act entered force on July 1, 2021.
Information Officer residency. The Information Officer must be a South African resident, which creates requirements for international companies.
Direct marketing. Strict opt-in rules for electronic communications.
PDPA: Asia
Singapore PDPA
Singapore's Personal Data Protection Act balances protection and business:
- Consent with exceptions for legitimate interests
- Do Not Call Registry for telemarketing
- Breach notification requirements
Thailand PDPA
GDPR-inspired Thai PDPA:
- Extraterritorial scope
- DPO requirements
- Strict cross-border transfer rules
Sectoral Laws
HIPAA: Health
The US Health Insurance Portability and Accountability Act sets standards for protected health information.
For analytics on healthcare sites:
- Avoid collecting Protected Health Information through analytics
- Use Business Associate Agreements with analytics providers
- Apply encryption and other security controls
COPPA: Children
The Children's Online Privacy Protection Act requires:
- Verifiable parental consent for children under 13
- Specific privacy notices
- Restrictions on data collection from children
Impact on Analytics
Sites aimed at children, or knowingly collecting children's data, must:
- Disable behavioral targeting
- Minimize data collection
- Implement age verification
Practical Compliance
Technical Measures
Privacy by Design:
- Build protection into the architecture from day one
- Default to data minimization
- Use pseudonymization and encryption
Consent Management:
graph TD
A[Visitor enters site] --> B{Consent obtained?}
B -->|No| C[Show consent banner]
B -->|Yes| D[Check categories]
C --> E{User selected}
E -->|Accept all| F[Set all cookies]
E -->|Customize| G[Granular choice]
E -->|Reject all| H[Necessary cookies only]
G --> I[Set selected cookies]
D --> J[Load appropriate scripts]Organizational Measures
Documentation:
- Records of Processing Activities (RoPA)
- Regular Privacy Impact Assessments
- Subject request response procedures
- Incident response plan
Training:
- Regular employee training
- Designated data protection officers
- Privacy culture across the organization
International Strategy
Apply the strictest requirements to all users.
- Simpler technical implementation
- Lower non-compliance risk
- May limit functionality
Adapt to each jurisdiction.
- Maximum functionality where allowed
- Complex implementation
- Requires accurate location detection
Baseline protection plus extensions for strict regions.
- Balance between complexity and functionality
- Reasonable cost
- Flexible for future changes
We have explored the global landscape and its impact on analytics. Statable supports the major regulations through technical and organizational controls.
The architecture provides flexible consent management, automatic regional rules, and tools for subject rights, so webmasters focus on analytics, not legal complexity.
About AI participation in writing articles
This article, like many others on our site, was created, written and proofread by a team of developers. Of course, not without the participation of AI assistants. We don't hide this and believe that modern systems are already quite good at handling simple tasks and, relatively speaking, writing an article about Viewport yourself is quite strange. It won't come out significantly better and will take a lot of time. But providing basic understanding to beginner webmasters is necessary. Of course, after the article is written by assistants - there's always proofreading, and this is where not one or two people participate, and only after that the article is published.
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