Standards Comparison

    GDPR

    Mandatory
    2016

    EU regulation for personal data protection and privacy

    VS

    FDA 21 CFR Part 11

    Mandatory
    1997

    FDA regulation for electronic records and signatures equivalence

    Quick Verdict

    GDPR mandates comprehensive personal data protection for EU residents globally, while FDA 21 CFR Part 11 ensures electronic records' trustworthiness in life sciences. Companies adopt GDPR for privacy compliance and Part 11 for FDA-regulated digital equivalence.

    Data Privacy

    GDPR

    Regulation (EU) 2016/679 General Data Protection Regulation

    Cost
    €€€
    Complexity
    Medium
    Implementation Time
    18-24 months

    Key Features

    • Extraterritorial scope applies to non-EU entities targeting EU residents
    • Accountability principle requires demonstrable compliance measures
    • Fines up to 4% of global annual turnover for violations
    • Enhanced data subject rights including right to erasure
    • 72-hour mandatory personal data breach notification
    Electronic Records

    FDA 21 CFR Part 11

    21 CFR Part 11 Electronic Records; Electronic Signatures

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    12-18 months

    Key Features

    • Secure computer-generated time-stamped audit trails
    • Controls for closed and open systems
    • Electronic signature manifestation and linking
    • Risk-based system validation requirements
    • Unique multi-component signature controls

    Detailed Analysis

    A comprehensive look at the specific requirements, scope, and impact of each standard.

    GDPR Details

    What It Is

    Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR), is a directly applicable EU law enacted in 2016 and enforceable since May 25, 2018. It modernizes data privacy, replacing the 1995 Data Protection Directive, with extraterritorial scope applying to any entity processing EU residents' data. Its risk-based, accountability-driven approach mandates lawful processing bases and demonstrable compliance.

    Key Components

    • Seven core principles: lawfulness, purpose limitation, data minimization, accuracy, storage limitation, integrity/confidentiality, accountability.
    • Enhanced data subject rights (access, rectification, erasure, portability, objection).
    • Obligations like Data Protection Officers (DPOs), Data Protection Impact Assessments (DPIAs), 72-hour breach notifications.
    • Enforcement via fines up to €20M or 4% global turnover; no formal certification but ongoing compliance.

    Why Organizations Use It

    Legal obligation for EU data processors; reduces breach risks, builds trust, enables global data flows. Enhances reputation, avoids penalties, supports Digital Single Market competitiveness.

    Implementation Overview

    Involves gap analysis, policy updates, training, DPIAs, DPO appointment. Applies universally to controllers/processors handling EU data; high complexity for SMEs/multinationals; continuous audits required.

    FDA 21 CFR Part 11 Details

    What It Is

    FDA 21 CFR Part 11 is a U.S. federal regulation establishing criteria for electronic records and electronic signatures to be trustworthy, reliable, and equivalent to paper records and handwritten signatures. It applies to FDA-regulated industries using electronic systems for predicate-rule-required records. The approach is risk-based, with narrowed scope per 2003 FDA guidance emphasizing enforcement discretion for certain controls while upholding core requirements.

    Key Components

    • Subparts A-C cover scope, electronic records (closed/open systems controls like validation, audit trails, access), and signatures (manifestation, linking, uniqueness).
    • ~20 key controls including secure audit trails, authority checks, training, and documentation.
    • Built on ALCOA+ principles for data integrity; no formal certification, but compliance via validation and inspection readiness.

    Why Organizations Use It

    • Meets legal obligations for electronic recordkeeping in pharma, devices, biotech.
    • Mitigates data integrity risks, avoids warning letters, enables digital transformation.
    • Builds stakeholder trust, accelerates inspections, improves efficiency.

    Implementation Overview

    • Risk-based CSV (GAMP5): scoping, validation (IQ/OQ/PQ), SOPs, training.
    • Applies to life sciences firms; multi-phase (6-18 months); audited via FDA inspections.

    Key Differences

    Scope

    GDPR
    Personal data protection and privacy rights
    FDA 21 CFR Part 11
    Electronic records and signatures trustworthiness

    Industry

    GDPR
    All sectors processing EU personal data globally
    FDA 21 CFR Part 11
    FDA-regulated life sciences and healthcare

    Nature

    GDPR
    Mandatory EU regulation with fines
    FDA 21 CFR Part 11
    US FDA regulation with enforcement discretion

    Testing

    GDPR
    DPIAs for high-risk processing
    FDA 21 CFR Part 11
    Risk-based system validation IQ/OQ/PQ

    Penalties

    GDPR
    Up to 4% global turnover fines
    FDA 21 CFR Part 11
    Warning letters, product holds, enforcement actions

    Frequently Asked Questions

    Common questions about GDPR and FDA 21 CFR Part 11

    GDPR FAQ

    FDA 21 CFR Part 11 FAQ

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