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The GDPR is the strictest data privacy law in the world, with few exceptions and hefty fines. In California, these concerns manifested as the California Consumer Protection Act somewhat modeled on the EU’s GDPR. [11] The CCPA’s initial drafting and placement on the 2018 ballot was led by Alastair Mactaggart. [12]
With the enactment of the California Delete Act, the agency also maintains the California data broker registry and will build a one-stop shop data deletion mechanism for consumers. [ 9 ] References
Under the GDPR, the processing of a natural person's personal data is only allowed under six lawful bases: consent, contractual necessity, legal obligation under EU or member state law, public interest, protection of vital interest of an individual, and the processor's legitimate interest. [1]
Companies that become victims of data theft or other data security breaches can be ordered in civil class action lawsuits to pay statutory damages between $100 and $750 per California resident and incident, or actual damages, whichever is greater, and any other relief a court deems proper, subject to an option of the California Attorney General ...
The act is broad in scope, well beyond California's border. Neither the web server nor the company that created the website has to be in California in order to be under the scope of the law. The website only has to be accessible by California residents. [5]
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The Uniform Law Commission has proposed a model bill – the Uniform Personal Data Protection Act (“UPDPA”), which “provides a reasonable level of consumer protection without incurring the compliance and regulatory costs associated with some existing state regimes.” [2]
The European Directive on Data Protection that went into effect in October 1998, includes, for example, the requirement to create government data protection agencies, registration of databases with those agencies, and in some instances prior approval before personal data processing may begin. In order to bridge these different privacy ...
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