GDPR
EU regulation for personal data protection and privacy
FISMA
U.S. federal law for risk-based information security management
Quick Verdict
GDPR mandates global personal data protection with hefty fines, while FISMA requires US federal agencies to secure systems via NIST RMF. Companies adopt GDPR for EU compliance and privacy leadership; FISMA for federal contracts and risk management.
GDPR
Regulation (EU) 2016/679 - General Data Protection Regulation
Key Features
- Extraterritorial scope targeting non-EU entities serving EU residents
- Accountability principle requiring demonstrable compliance measures
- Fines up to 4% of global annual turnover
- Data subject rights including erasure and portability
- Mandatory 72-hour personal data breach notification
FISMA
Federal Information Security Modernization Act of 2014
Key Features
- NIST RMF 7-step risk management lifecycle
- Continuous monitoring and diagnostics requirements
- Applies to agencies and contractors handling federal data
- FIPS 199 system categorization by impact levels
- Annual independent IG evaluations and reporting
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
GDPR Details
What It Is
General Data Protection Regulation (GDPR), officially Regulation (EU) 2016/679, is a binding EU regulation directly applicable since May 25, 2018. It protects personal data of EU individuals, ensuring lawful processing and free data movement. Employs a principles-based, accountability-focused approach with extraterritorial reach.
Key Components
- Seven core principles: lawfulness/fairness/transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity/confidentiality, accountability.
- Data subject rights: access, rectification, erasure ("right to be forgotten"), portability, objection, restriction.
- Obligations: appoint DPOs, conduct DPIAs, maintain processing records, 72-hour breach notifications.
- Enforcement: fines up to €20M or 4% global turnover; no formal certification, compliance via DPAs.
Why Organizations Use It
- Mandatory for any processing EU data, avoiding severe penalties.
- Mitigates risks from breaches/data misuse.
- Builds customer trust, boosts reputation as privacy leader.
- Global benchmark, aiding compliance with inspired laws (e.g., LGPD, CCPA).
Implementation Overview
- Gap analysis, policy updates, DPO appointment, training, DPIAs.
- Applies universally to controllers/processors handling EU data.
- Ongoing: audits, monitoring; enforced by national DPAs and EDPB.
FISMA Details
What It Is
The Federal Information Security Modernization Act (FISMA) of 2014 is a U.S. federal law mandating risk-based frameworks for protecting federal information and systems. It requires agencies and contractors to implement comprehensive security programs via the NIST Risk Management Framework (RMF), emphasizing confidentiality, integrity, and availability.
Key Components
- **7-step NIST RMFPrepare, Categorize (FIPS 199), Select/Implement (SP 800-53 controls), Assess, Authorize (ATO), Monitor.
- Hundreds of NIST SP 800-53 controls in baselines tailored by impact level.
- Continuous monitoring, SSPs, POA&Ms; oversight by OMB, CISA, IGs.
Why Organizations Use It
Mandatory for federal agencies/contractors to meet legal obligations, avoid penalties like debarment. Delivers risk reduction, resilience, market access, operational efficiency, and trust via standardized practices.
Implementation Overview
Phased RMF approach: governance/inventory, categorization/control selection, implementation/assessment, continuous monitoring. Targets federal entities all sizes; annual IG audits, no central certification.
Key Differences
| Aspect | GDPR | FISMA |
|---|---|---|
| Scope | Personal data protection worldwide | Federal info systems security |
| Industry | All sectors, global reach EU residents | US federal agencies, contractors |
| Nature | Mandatory EU regulation, fines enforced | Mandatory US law, oversight reporting |
| Testing | DPIAs, audits by DPAs | RMF assessments, continuous monitoring |
| Penalties | Up to 4% global turnover fines | Contract loss, IG reports, directives |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about GDPR and FISMA
GDPR FAQ
FISMA FAQ
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