What is the primary objective of **GDPR**?

**The primary objective of GDPR is to protect the fundamental rights and freedoms of natural persons, particularly their right to the protection of personal data, while ensuring the free movement of personal data within the EU.** Enacted as Regulation (EU) 2016/679 and enforceable since May 25, 2018, it replaces the 1995 Data Protection Directive to harmonize rules across member states, addressing digital-age challenges like big data and cross-border flows through core principles in Article 5: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability.

Who is legally or professionally required to comply with **GDPR**?

**GDPR applies to any controller or processor established in the EU, or any non-EU entity offering goods/services to or monitoring the behaviour of EU data subjects.** Under Article 3's extraterritorial scope, it covers organizations processing **personal data**—any information relating to an identifiable natural person, including IP addresses or genetic data—regardless of location. Mandatory Data Protection Officers (DPOs) are required for public authorities or those engaged in large-scale systematic monitoring or special category data processing (Article 37).

Does **GDPR** require an external audit or third-party certification?

**No, GDPR does not mandate external audits or third-party certification for compliance.** Article 42 encourages voluntary certification mechanisms, codes of conduct (Article 40), and Data Protection Impact Assessments (DPIAs) for high-risk processing (Article 35), but accountability (Article 5(2)) relies on controllers demonstrating compliance via internal Records of Processing Activities (ROPA, Article 30) and appropriate technical/organisational measures (Article 32). Supervisory authorities may conduct investigations.

How often should an assessment for **GDPR** be performed?

**GDPR requires ongoing, risk-based assessments rather than fixed intervals, with Data Protection Impact Assessments (DPIAs) conducted prior to high-risk processing and reviewed if risks change.** Article 35 mandates DPIAs for systematic monitoring or large-scale special category data processing, while Article 32's security of processing demands continuous evaluation of state-of-the-art measures. Breach notifications must occur within 72 hours (Article 33), implying perpetual vigilance through accountability principle (Article 5(2)).

What are the consequences of non-compliance with **GDPR**?

**Non-compliance with GDPR can result in administrative fines up to €20 million or 4% of total worldwide annual turnover, whichever is higher, for severe infringements.** Tiered penalties under Article 83 apply to violations like unlawful processing or failure to comply with data subject rights; processors face up to €10 million or 2%. Additional remedies include supervisory authority orders, data subject compensation (Article 82), and reputational damage, enforced via the one-stop-shop mechanism (Article 56).

Can **GDPR** be mapped to other international frameworks?

**Yes, GDPR principles such as accountability, data minimisation, and purpose limitation have influenced and can be mapped to frameworks like Brazil's LGPD, California's CCPA/CPRA, and Japan's APPI.** Its global "Brussels Effect" exports concepts like data subject rights and breach notification, though differences exist in consent models (GDPR's opt-in vs. CCPA's opt-out) and penalties, facilitating adequacy decisions for data transfers (Article 45).

What is the first step to begin implementing **GDPR**?

**The first step to implement GDPR is to conduct a comprehensive data mapping exercise to identify all personal data processing activities and lawful bases.** This informs Records of Processing Activities (Article 30), determines DPO needs (Article 37), and triggers DPIAs where required (Article 35), establishing accountability under Article 5(2) to demonstrate compliance from the outset.

What is the primary objective of **MLPS 2.0 (Multi-Level Protection Scheme)**?

**MLPS 2.0 (Multi-Level Protection Scheme) establishes a graded cybersecurity framework to protect networks based on potential impact to national security, social order, and public interests.** It classifies systems into five levels (1-5) per GB/T 22239-2020, mandating commensurate technical, management, physical, and personnel controls. Objectives include preventing attacks, ensuring data confidentiality/integrity/availability, and enabling PSB oversight via standards like GB/T 25070-2020 for technical baselines and GB/T 28448-2020 for evaluations.

Who is legally or professionally required to comply with **MLPS 2.0 (Multi-Level Protection Scheme)**?

**All network operators in mainland China must comply with MLPS 2.0 (Multi-Level Protection Scheme) under Article 21 of the 2017 Cybersecurity Law.** This includes domestic/foreign enterprises operating IT systems, cloud platforms, IoT, big data, or industrial controls. Critical sectors (energy, finance, telecom) typically classify at Level 3+, enforced by Ministry of Public Security (MPS) and local PSBs.

Does **MLPS 2.0 (Multi-Level Protection Scheme)** require an external audit or third-party certification?

**Yes, MLPS 2.0 (Multi-Level Protection Scheme) mandates external security reviews by licensed Chinese firms for Level 2+ systems.** Reviews score ≥75/100 per GB/T 28448-2019 across technical/management domains, followed by PSB approval. Level 1 requires self-assessment only; higher levels need documentation submission and potential on-site inspections.

How often should an assessment for **MLPS 2.0 (Multi-Level Protection Scheme)** be performed?

**MLPS 2.0 (Multi-Level Protection Scheme) requires periodic re-evaluations scaling by level: biennial for Level 2, annual for Level 3, semi-annual for Level 4, and as mandated for Level 5.** Reassessments are also triggered by major changes (e.g., cloud migration). Self-inspections are ongoing for all levels.

What are the consequences of non-compliance with **MLPS 2.0 (Multi-Level Protection Scheme)**?

**Non-compliance with MLPS 2.0 (Multi-Level Protection Scheme) incurs fines up to 100,000 RMB, operational suspensions, and license denial.** PSBs enforce via inspections; severe cases (e.g., unaddressed vulnerabilities) lead to system shutdowns or criminal liability, as seen in post-2019 campaigns.

Can **MLPS 2.0 (Multi-Level Protection Scheme)** be mapped to other international frameworks?

**Yes, MLPS 2.0 (Multi-Level Protection Scheme) maps to frameworks like ISO 27001 and NIST CSF via shared domains (governance, physical, technical controls).** Annex A aligns with MLPS baselines; however, MLPS adds prescriptive grading, PSB oversight, and data localization absent in voluntary standards.

What is the first step to begin implementing **MLPS 2.0 (Multi-Level Protection Scheme)**?

**The first step for MLPS 2.0 (Multi-Level Protection Scheme) implementation is conducting a provisional self-assessment to classify systems into Levels 1-5.** Inventory assets, evaluate impact on national security/social order per GB/T 22239-2020, document rationale, then file with local PSB within 30 days for Level 2+.

GDPR vs MLPS 2.0 (Multi-Level Protection Scheme)

Standards Comparison

GDPR

Mandatory

2016

EU regulation for personal data protection and privacy

MLPS 2.0 (Multi-Level Protection Scheme)

Mandatory

2019

China's mandatory graded cybersecurity protection scheme

Quick Verdict

GDPR protects personal data privacy globally for EU subjects with rights and fines, while MLPS 2.0 mandates graded cybersecurity for China's networks via audits and PSB enforcement. Companies adopt GDPR for compliance, MLPS for market access.

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 subjects
Accountability principle requires demonstrating compliance measures
Fines up to 4% of global annual turnover
72-hour mandatory personal data breach notification
Right to erasure (right to be forgotten)

Cybersecurity

MLPS 2.0 (Multi-Level Protection Scheme)

Multi-Level Protection Scheme 2.0 (MLPS 2.0)

Cost

€€€€

Complexity

Medium

Implementation Time

12-18 months

Key Features

Five-level impact-based system classification
Mandatory PSB registration and audits for Level 2+
Graded technical controls across security domains
Governance and personnel security requirements
Extended rules for cloud, IoT, industrial systems

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 GDPR, is a directly applicable EU regulation protecting natural persons' personal data. It modernizes privacy for the digital age with extraterritorial scope, applying globally to EU data processing. Core approach is accountability-based, requiring organizations to demonstrate compliance.

Key Components

Seven principles: lawfulness, purpose limitation, minimization, accuracy, storage limitation, integrity/confidentiality, accountability.
Data subject rights: access, rectification, erasure, portability, objection.
Obligations: DPO appointment, DPIAs, 72-hour breach notifications, one-stop-shop enforcement.
Compliance via records, audits; fines up to 4% global turnover.

Why Organizations Use It

Legal obligation for EU data handlers; mitigates breach risks, builds trust. Enables secure data flows, inspires global standards like LGPD/CCPA. Enhances reputation, avoids massive penalties.

Implementation Overview

Gap analysis, policy updates, training, DPIAs, DPO hire. Applies universally to controllers/processors; high for SMEs. No certification but ongoing audits by DPAs.

MLPS 2.0 (Multi-Level Protection Scheme) Details

What It Is

MLPS 2.0 (Multi-Level Protection Scheme) is China's legally mandated cybersecurity framework under the 2016 Cybersecurity Law (Article 21). It requires network operators to classify systems into five protection levels based on potential harm to national security, social order, and public interests, implementing graded technical, governance, and physical controls.

Key Components

Core domains: physical security, network protection, data security, access control, monitoring, personnel management.
Standards: GB/T 22239-2019 (basics), GB/T 25070-2019 (technical), GB/T 28448-2019 (evaluation).
Five levels with common baselines plus extended requirements for cloud, IoT, ICS.
Compliance via self-classification, third-party audits (75/100 score), PSB approval.

Why Organizations Use It

Mandatory for China operations to avoid fines, suspensions.
Enhances resilience, aligns with data laws (DSL, PIPL).
Builds regulator trust, enables market access.

Implementation Overview

Phased: scoping, classification, gap analysis, remediation, audits, ongoing re-evals.
Applies to all network operators in China; intensive for Level 3+.
Costs: tens of thousands USD/year for Level 3; annual/biennial audits.

Key Differences

Aspect	GDPR	MLPS 2.0 (Multi-Level Protection Scheme)
Scope	Personal data privacy and rights	Graded cybersecurity for all networks
Industry	All sectors, global reach to EU data	All network operators in China
Nature	Mandatory EU regulation, DPA enforcement	Mandatory Chinese scheme, PSB oversight
Testing	DPIAs for high-risk, no mandatory audits	Third-party audits, periodic re-evaluations
Penalties	Up to 4% global turnover fines	Fines, operational suspensions, inspections