The three pillars of data protection - GDPR, CPRA and LGPD
- The SOC 2
- Feb 16
- 4 min read
Updated: Apr 10
Personal data protection has emerged as a cornerstone of modern organizational practices. As consumer privacy awareness continues to rise, lawmakers worldwide have responded by implementing robust regulatory frameworks to safeguard personal information. Among these, three regulatory frameworks stand out: the European General Data Protection Regulation (GDPR), the California Privacy Rights Act (CPRA), and Brazil's General Data Protection Law (LGPD).
The European standard: GDPR
Since its implementation in 2018, the General Data Protection Regulation has established itself as the global benchmark for data protection. Its jurisdiction extends to all organizations processing EU residents' data, regardless of where the company is headquartered. GDPR fundamentally prioritizes lawful processing methods, procedural transparency, and the protection of individual rights.
At its core, GDPR adopts a comprehensive definition of personal data and mandates obtaining explicit informed consent (opt-in mechanism) before any data collection begins. The regulation empowers citizens with several key rights, including data access, rectification, erasure (commonly known as the "right to be forgotten"), and portability between service providers. Furthermore, organizations must report security breaches within 72 hours of discovery.
"Privacy by design" represents a fundamental GDPR principle, requiring organizations to incorporate data protection considerations from the earliest stages of system and process development. Additionally, the regulation imposes significant limitations on data transfers outside the European Union.
The penalties for non-compliance are substantial - financial sanctions can reach €20 million or 4% of a company's global revenue, whichever is higher. Notably, the largest fine to date was levied against Meta, totaling €1.2 billion for improper data transfer practices.
California's approach: CPRA
The California Privacy Rights Act, which came into effect in January 2023, expands upon its predecessor, the CCPA. This legislation applies to entities operating in California that process resident data.
Unlike GDPR, CPRA grants consumers specific rights to correct inaccurate personal information and restrict the use of sensitive data, such as biometrics and geolocation details. The California framework primarily employs an opt-out mechanism, allowing users to withdraw from data sharing arrangements.
Companies falling under CPRA jurisdiction must conduct yearly cybersecurity audits and perform risk assessments for high-risk data processing activities. Violations can incur penalties of up to $7,500 per intentional breach, with enforcement beginning in July 2023.
A distinctive feature of CPRA is its more permissive approach to data collection compared to GDPR - it allows broader information gathering provided consumers haven't explicitly objected to such practices.
Brazil's solution: LGPD
Lei Geral de Proteção de Dados came into force in Brazil in 2020, drawing significant inspiration from the European GDPR model. This legislation governs how companies process Brazilian citizens' data.
Similar to its European counterpart, LGPD requires a clear legal basis for personal data processing and mandates the appointment of a Data Protection Officer. The Brazilian law also guarantees access, deletion, and portability rights, while establishing strict requirements for obtaining consent to process sensitive information.
Compliance is overseen by the Brazilian Data Protection Authority (ANPD). LGPD violations can result in penalties reaching 2% of a company's Brazilian revenue, capped at 50 million reals (approximately $10 million). In line with GDPR principles, LGPD strictly confines data collection to clearly defined and declared purposes.
Comparing the regulations
Despite sharing the common objective of personal data protection, these three regulatory frameworks differ in several significant ways.
Regarding the legal basis for processing, GDPR requires active, informed consent (opt-in model), whereas CPRA relies on opt-out mechanisms for data sharing activities. Meanwhile, LGPD follows the European approach, recognizing both consent and legitimate interest as legal grounds for processing.
International data transfers also highlight key differences - GDPR imposes strict limitations on transferring data outside the EU without an adequacy decision. In contrast, both CPRA and LGPD contain less prescriptive provisions for cross-border transfers, focusing primarily on ensuring general security measures for transferred data.
When it comes to enforcement and penalties, GDPR imposes the most severe sanctions (up to 4% of global revenue), while LGPD caps penalties at 2% of Brazilian revenue, and CPRA establishes fixed amounts for each verified violation.
Business implications
For global organizations, achieving compliance across all three regulations presents considerable challenges.
The financial implications of non-compliance are sobering - the average global cost of a data breach incident reached $4.45 million in 2023. These figures underscore the substantial financial risk associated with inadequate information protection measures.
To effectively navigate these multijurisdictional requirements, companies increasingly adopt a "highest common denominator" approach - conforming to the most stringent requirements, typically those imposed by GDPR. Additionally, forward-thinking organizations implement comprehensive consent management systems, conduct regular audits and risk assessments, provide staff training on various legal requirements, and meticulously document all personal data processing activities.
The evolving landscape
Heightened public awareness regarding privacy will likely drive further strengthening of data protection regulations globally. A clear trend is already emerging toward enhanced user control over personal data, steeper penalties for violations, and greater adoption of privacy-enhancing technologies (PETs). We can also anticipate new regulations emerging in additional jurisdictions, further complicating the global compliance landscape.
Organizations taking a proactive stance on data protection not only minimize potential financial penalties but also build valuable trust with their customers. In today's business environment, where data represents a critical asset, responsible personal information management has become a strategic competitive advantage.
Sources
https://secureprivacy.ai/blog/key-differences-between-gdpr-and-cpra
https://www.ideagen.com/thought-leadership/blog/five-pillars-to-data-protection
https://secureprivacy.ai/blog/cpra-vs-gdpr
https://www.itgovernance.eu/blog/en/summary-of-the-gdprs-10-key-requirements
https://www.didomi.io/blog/california-privacy-rights-act-cpra
https://helpy.io/blog/the-key-principles-of-lgpd/
https://www.getastra.com/blog/security-audit/data-protection-trends/
https://captaincompliance.com/education/gdpr-vs-ccpa-vs-lgpd/
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