PIPL
China's comprehensive law protecting personal information rights
OSHA
US federal regulation for workplace safety and health.
Quick Verdict
PIPL regulates personal data protection in China with extraterritorial reach, mandating consent and transfers for global firms. OSHA enforces US workplace safety standards via inspections. Companies adopt PIPL for China market access, OSHA to avoid fines and ensure employee safety.
PIPL
Personal Information Protection Law (PIPL)
Key Features
- Extraterritorial scope targeting foreign processors of Chinese data
- Explicit separate consent required for sensitive personal information
- Cross-border transfers via security assessments, SCCs, or certification
- Fines up to 5% of annual global revenue for violations
- Mandatory China representative for offshore entities
OSHA
Occupational Safety and Health Act of 1970
Key Features
- General Duty Clause for recognized hazards
- Hierarchy of controls prioritization
- Detailed standards in 29 CFR 1910
- Injury recordkeeping and electronic reporting
- Risk-based inspection and enforcement
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, effective November 1. It governs collection, processing, storage, transfer, and deletion of personal information with extraterritorial reach. Modeled partly on GDPR, it uses a risk-based approach emphasizing consent, minimization, and security, alongside Cybersecurity Law and Data Security Law.
Key Components
- Core principles: lawfulness, necessity, minimization, transparency, accountability.
- Seven legal bases, consent-first without broad legitimate interests.
- Sensitive personal information (SPI) rules, individual rights (access, deletion, portability).
- Cross-border mechanisms: security assessments, SCCs, certification.
- No formal certification but mandatory compliance with CAC enforcement.
Why Organizations Use It
PIPL compliance avoids fines up to 5% annual revenue, enables China market access, builds trust, reduces breach risks. Strategic for multinationals handling Chinese data, enhancing resilience and partnerships.
Implementation Overview
Phased: gap analysis, data mapping, policies, controls, audits (6-12 months). Applies universally to handlers of Chinese residents' data; requires PIPO, PIPIAs, in-China reps for foreigners.
OSHA Details
What It Is
OSHA (Occupational Safety and Health Administration) is a US federal agency enforcing the Occupational Safety and Health Act of 1970. It sets and enforces occupational safety and health standards (primarily 29 CFR 1910 for general industry) to assure safe working conditions. Scope covers private sector employers; approach uses specific standards, General Duty Clause, and hierarchy of controls.
Key Components
- Subparts A-Z in 29 CFR 1910: walking surfaces, PPE, HazCom, LOTO, toxic substances.
- Recordkeeping (Part 1904: Forms 300/300A/301).
- **Enforcementinspections, citations, penalties up to $165k.
- Compliance via performance-based standards; no central certification.
Why Organizations Use It
- Mandatory for US employers to avoid penalties, reduce injuries.
- Lowers workers' comp costs, boosts productivity, enhances reputation.
- Meets legal duties, builds stakeholder trust.
Implementation Overview
- Phased: gap analysis, written programs (IIPP), training, audits.
- Applies to most industries; state plans vary.
- Ongoing compliance, no formal certification but VPP voluntary. (178 words)
Key Differences
| Aspect | PIPL | OSHA |
|---|---|---|
| Scope | Personal information collection, processing, transfer | Workplace safety, health hazards, injury prevention |
| Industry | All handling Chinese personal data, global extraterritorial | US private sector employers, most industries |
| Nature | Mandatory national law, CAC enforcement | Mandatory federal standards, inspections/citations |
| Testing | DPIAs for high-risk, security assessments | Inspections, audits, exposure monitoring |
| Penalties | Up to 5% revenue or RMB 50M fines | Up to $165K per willful violation |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about PIPL and OSHA
PIPL FAQ
OSHA FAQ
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