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GDPR & CCPA Are Just the Beginning

By Karen A. Schuler
September 01, 2019

Data privacy and cybersecurity are easily the hot button issues of the decade. For many organizations, preparing to comply with the EU's General Data Protection Regulation (GDPR), effective as of May 25, 2018, was a herculean feat and those efforts continue as new guidance is released and companies look to improve their data privacy governance and compliance programs. The most significant overhaul to the EU's data privacy policies in over 20 years, with extraterritorial reach, the new regime forced American businesses to remediate, and in some cases, overhaul their data privacy governance programs.

But the GPDR was just the beginning. Not long after its implementation, the California Consumer Privacy Act of 2018 (CCPA) — which has provisions similar to, but not identical to the GDPR — was ratified to come into effect as of Jan. 1, 2020, with enforcement deferred until July 1, 2020. Since the CCPA's enactment, all 50 states have either introduced their own data privacy legislation or amended their data breach notification laws. Organizations seeking compliance with the growing number of data privacy regulations will need to remain vigilant, especially for organizations that rely heavily on personal data.

The End of the Beginning

In California's wake, South Carolina and Vermont are the latest U.S. states to enact their own unique data protection legislation, taking an industry-centric approach — an approach other states are expected to emulate in the very near future.

South Carolina is the first state to adopt breach notification and cybersecurity requirements based on the National Association of Insurance Commissioners Model Law, applicable to all insurers, agents and other licensed entities authorized to operate under the state's insurance laws. Vermont's new law, effective as of February 2019, is applicable to companies in the "data broker" industry and requires minimum security standards, annual registration and a host of other obligations.

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