DORA Regulations and Compliance

General Data Protection Regulation (GDPR) (United States)

overview

Overview

Although the GDPR is an EU regulation, it applies to U.S.-based companies that process or store the personal data of EU citizens. GDPR is one of the most comprehensive data privacy laws, enforcing rigorous standards to protect personal data and requiring transparency, accountability, and data security. U.S. businesses must comply with GDPR if they handle or store EU citizens’ data, even if they are not located in the EU.

Key Considerations

Key Compliance Areas

  • Data Consent: Explicit consent is required from users before collecting personal data. Consent must be specific, informed, and revocable.
  • Right to Access and Portability: Users have the right to access their data and request it in a portable format for transfer to other services.
  • Right to Erasure: Also known as the "right to be forgotten," this allows users to request deletion of their data when it is no longer needed.
  • Data Protection by Design: GDPR mandates that data privacy be integrated into the development of business processes and systems.
  • Data Breach Notification: Data breaches must be reported to relevant authorities within 72 hours and, in some cases, to affected individuals.
Critical Dates and Milestones of SEC

Critical Dates and Milestones

GDPR became enforceable on May 25, 2018. Businesses handling EU data must remain vigilant about evolving enforcement practices to ensure compliance.

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Risks of Non-Compliance

  • Fines and Penalties: Non-compliance can result in fines up to €20 million or 4% of global annual revenue, whichever is higher.
  • Legal Actions: Non-compliance can lead to lawsuits, with both individuals and regulatory authorities able to take action.
  • Reputational Damage: Violations of GDPR often attract public attention, which can result in loss of customer trust and a tarnished brand reputation.
  • Operational Costs: Addressing GDPR non-compliance can disrupt operations and lead to significant costs for remediation.
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Benefits of Compliance

  • Enhanced Trust: GDPR compliance enhances transparency, building customer trust and loyalty.
  • Improved Security: GDPR’s data security standards reduce the likelihood of data breaches and improve overall security.
  • Operational Efficiency: Compliance with GDPR encourages better data management, which can streamline processes and improve efficiency.
  • Competitive Advantage: Businesses that prioritize data privacy can gain a competitive edge, especially with privacy-conscious consumers.

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