What It Is

Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR), is a directly applicable EU regulation. Its primary purpose is protecting natural persons' personal data during processing and ensuring free data movement in the digital single market. It employs a risk-based, accountability-driven approach with extraterritorial scope.

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 Impact Assessments (DPIAs), Data Protection Officers (DPOs), 72-hour breach notifications.
• Enforcement via fines up to €20M or 4% global turnover; one-stop-shop for cross-border cases.

Why Organizations Use It

Mandatory for entities processing EU data subjects' information, it mitigates legal risks, avoids massive fines, builds trust, and enables global compliance. It provides competitive edge via privacy-by-design and inspires worldwide standards.

Implementation Overview

Involves gap analysis, policy updates, training, DPIAs, DPO appointment. Applies universally to controllers/processors handling EU data, regardless of location/size. No certification but ongoing audits by supervisory authorities required.

What It Is

PIPEDA (Personal Information Protection and Electronic Documents Act) is Canada's federal privacy regulation for private-sector organizations handling personal information in commercial activities. It establishes national standards to protect individual privacy while supporting electronic commerce, using a principles-based approach derived from 10 Fair Information Principles in Schedule 1.

Key Components

• **10 Fair Information PrinciplesAccountability, identifying purposes, consent, limiting collection/use/retention, accuracy, safeguards, openness, individual access, challenging compliance.
• No fixed controls; flexible framework emphasizing data minimization, meaningful consent, and proportional safeguards.
• Compliance via self-assessment, OPC audits; no formal certification but enforceable through investigations and court orders.

Why Organizations Use It

• Mandatory for federal entities, cross-border activities; builds trust, reduces breach risks, avoids fines up to CAD $100,000.
• Enhances reputation, competitive edge in digital economy, stakeholder confidence.

Implementation Overview

• Phased: assess gaps, appoint privacy officer, map data, deploy policies/training/PIAs, audit continuously.
• Applies to private-sector commercial ops nationwide (exemptions for some provinces); scalable by size/industry.