PIPL
China's comprehensive regulation for personal information protection
FERPA
U.S. regulation protecting privacy of student education records
Quick Verdict
PIPL mandates comprehensive personal data protection for China operations with strict cross-border rules, while FERPA protects US student education records via access and consent rights. Companies adopt PIPL for market access, FERPA to retain federal funding.
PIPL
Personal Information Protection Law (PIPL)
Key Features
- Extraterritorial scope targeting foreign processors of Chinese data
- Explicit separate consent for sensitive personal information
- Tiered cross-border transfers with security assessments
- Fines up to 5% of annual revenue
- No legitimate interests basis; consent-centric processing
FERPA
Family Educational Rights and Privacy Act (FERPA)
Key Features
- Grants rights to inspect, amend education records within 45 days
- Requires prior consent for PII disclosures with enumerated exceptions
- Mandates annual notifications of rights and procedures
- Imposes recordkeeping for all PII disclosures and requests
- Treats vendors as school officials under direct control
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
PIPL Details
What It Is
Personal Information Protection Law (PIPL) is China's comprehensive national regulation enacted in 2021, governing collection, processing, storage, transfer, and deletion of personal information. It applies domestically and extraterritorially to organizations targeting individuals in China. PIPL employs a risk-based approach emphasizing consent, minimization, and accountability, intersecting with Cybersecurity Law and Data Security Law.
Key Components
- Core principles: lawfulness, necessity, minimization, transparency.
- Seven legal bases, consent-dominant without legitimate interests.
- Sensitive personal information rules, individual rights (access, deletion, portability), cross-border mechanisms (SCCs, assessments).
- No formal certification; compliance via audits and CAC enforcement.
Why Organizations Use It
PIPL compliance mitigates fines up to 5% annual revenue, operational disruptions, reputational harm. It enables market access, builds consumer trust, enhances resilience, supports cross-border business in China's digital economy.
Implementation Overview
Phased approach: gap analysis, data mapping, policies, controls, ongoing monitoring (6-12 months). Applies to all sizes handling Chinese data; requires China representatives for foreigners, PIPIAs for high-risk activities.
FERPA Details
What It Is
FERPA (Family Educational Rights and Privacy Act), codified at 20 U.S.C. § 1232g with regulations at 34 CFR Part 99, is a U.S. federal regulation protecting the privacy of student education records. It grants rights to parents and eligible students for access, amendment, and control over disclosures of personally identifiable information (PII). Its rights-based approach balances privacy with educational operations through consent rules and exceptions.
Key Components
- Core rights: inspect/review (45 days), amend inaccurate records, consent to PII disclosures.
- Key definitions: education records, PII (direct/indirect identifiers), directory information.
- Disclosure exceptions (e.g., school officials, emergencies, subpoenas).
- Compliance obligations: annual notices, disclosure logs, vendor controls. No formal certification; enforced via complaints and funding leverage.
Why Organizations Use It
- Mandatory for federally funded institutions to avoid penalties/fund loss.
- Mitigates legal/reputational risks from breaches.
- Builds stakeholder trust, enables safe data use.
- Supports vendor management, analytics innovation.
Implementation Overview
Phased program: governance, data inventory, policies/training, technical controls (RBAC, logging), vendor TP RM. Applies to K-12/postsecondary receiving federal funds. Involves audits, ongoing monitoring; no external certification.
Key Differences
| Aspect | PIPL | FERPA |
|---|---|---|
| Scope | Personal info processing, cross-border transfers | Student education records privacy |
| Industry | All sectors handling Chinese data | Educational institutions receiving US funds |
| Nature | Mandatory national law, CAC enforcement | Mandatory for funded schools, DOE enforcement |
| Testing | PIPIA for high-risk, security reviews | Internal audits, access reviews |
| Penalties | Up to 5% revenue or RMB 50M fines | Federal funding withholding |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about PIPL and FERPA
PIPL FAQ
FERPA FAQ
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