In 2016, the European Union raised the highest banner in the battle to protect consumer privacy. The General Data Protection Regulation (GDPR) went effective in May 2018, instantly upping protections throughout Europe and affecting commerce worldwide. Five years later, the regulation has continued to pose pressing questions to American businesses. Yet, the United States has not enacted a similar national provision. States such as California have adopted copycat measures similar in purpose but significantly less daunting in effect. Accordingly, this article provides a summary of the GDPR-like provisions at home, some comparison points for the parroting American statutes, and a glimpse of the global compliance considerations occasioned by the contrasting European and domestic approaches.

Background

Numbering nearly 100 Articles, the GDPR was intended to protect both consumer data and information collected on individuals at large. The regulation contains two key definitions: (1) “data controllers,” who determine the purpose of data collection (think of a supermarket tracking an individual’s shopping tendencies), and (2) “data processors,” who process the data for the controllers (think of the tracking company retained by the supermarket). Either or both entities might be obligated to appoint a Data Protection Officer. “Consumer” is not defined, as a purchase is not required to trigger protections (i.e., the GDPR protects all Member State citizens).

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