CCPA
California regulation granting residents rights over personal data
FDA 21 CFR Part 11
FDA regulation for trustworthy electronic records and signatures
Quick Verdict
CCPA grants California consumers data rights like know, delete, opt-out, while FDA 21 CFR Part 11 ensures electronic records/signatures match paper trustworthiness. Businesses adopt CCPA for privacy compliance, Part 11 for regulated life sciences validation.
CCPA
California Consumer Privacy Act (CCPA/CPRA)
Key Features
- Opt-out of sale/sharing right
- Delete personal information right
- Know/access collected data right
- Limit sensitive PI use right
- Correct inaccurate PI right
FDA 21 CFR Part 11
21 CFR Part 11: Electronic Records; Electronic Signatures
Key Features
- Secure, time-stamped audit trails for changes
- Unique, multi-component electronic signatures
- Closed and open system controls
- Validation for accuracy and reliability
- Access, authority, and device checks
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
CCPA Details
What It Is
The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), is a state regulation establishing consumer privacy rights for California residents. It targets for-profit businesses meeting thresholds like $25M+ revenue or handling 100K+ consumers' data. Primary purpose: empower consumers with control over personal information (PI) via rights-based approach, including broad PI definitions covering households and inferences.
Key Components
- Core rights: know/access, delete, opt-out of sales/sharing, correct, limit sensitive PI use.
- Obligations: notices at collection, privacy policies, vendor contracts, DSAR handling within 45 days.
- Enforcement by CPPA and AG; fines $2,500-$7,500 per violation; private breach actions.
- Built on opt-out model with GPC signals; no certification, but audits recommended.
Why Organizations Use It
Mandatory for applicable businesses to avoid fines, litigation, reputational harm. Drives data governance, efficiency, trust; aligns with GDPR; enables market access and differentiation.
Implementation Overview
Phased: scoping/gap analysis (0-3 months), policies/contracts (1-4 months), technical controls (2-6 months), operationalization/training, audits. Applies globally to CA-data handlers; cross-functional, tech-heavy for mid-large orgs across industries.
FDA 21 CFR Part 11 Details
What It Is
FDA 21 CFR Part 11 (Electronic Records; Electronic Signatures) is a U.S. regulation setting criteria for electronic records and signatures to be trustworthy, reliable, and equivalent to paper records and handwritten signatures. It targets FDA-regulated records under predicate rules, using a risk-based approach clarified in 2003 guidance to narrow scope and apply enforcement discretion selectively.
Key Components
- **Subparts A-CGeneral provisions, electronic records controls (§11.10 closed systems, §11.30 open systems), electronic signatures (§§11.50-11.300).
- Core elements: validation, audit trails, access/authority/device checks, training, accountability policies, signature linking/manifestation.
- Built on ALCOA+ principles; ~12 controls for closed systems, extras like encryption for open.
- Compliance via demonstrated fitness-for-use, no formal certification.
Why Organizations Use It
- Mandatory for life sciences using electronic records in FDA-regulated activities.
- Ensures data integrity, inspection readiness, avoids warning letters.
- Drives efficiency, non-repudiation, risk reduction; builds FDA/stakeholder trust.
Implementation Overview
- **Risk-based CSVPhases include scoping, gap analysis, validation (IQ/OQ/PQ), SOPs/training, monitoring.
- Applies to pharma/devices/biotech; U.S.-centric; FDA inspections verify.
Key Differences
| Aspect | CCPA | FDA 21 CFR Part 11 |
|---|---|---|
| Scope | Consumer privacy rights and data handling | Electronic records/signatures trustworthiness |
| Industry | All businesses handling CA resident data | Life sciences, pharma, medical devices |
| Nature | Mandatory state privacy regulation | FDA regulation for electronic equivalence |
| Testing | Data mapping, request workflow testing | Risk-based system validation IQ/OQ/PQ |
| Penalties | $2,500-$7,500 per violation, private actions | Warning letters, product holds, injunctions |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about CCPA and FDA 21 CFR Part 11
CCPA FAQ
FDA 21 CFR Part 11 FAQ
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