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GDPR has created a recipe for the world

In this photo, Facebook CEO Mark Zuckerberg, seen on a mobile screen as he testifies remotely at the US Senate Committee on Commerce, Science and Transportation hearing titled “Immunity to Sweeping of does Article 230 allow bad behavior for big technologies? ” on Capitol Hill in Washington, DC, United States.

Pavlo Conchar | LightRocket | Getty Images

As major European GDPR laws approach their third anniversary, other jurisdictions around the world are drawing inspiration from them to develop their own frameworks.

The EU regulation (the General Data Protection Regulation) has helped put data protection at the forefront of policy makers and businesses, especially with the specter of large fines.

“The GDPR has undeniably created a much greater awareness of privacy. Many companies are now saying this is being discussed in boards of directors because of the potential amount of fines,” said Estelle Masse, senior policy analyst at Access Now.

One of those laws is the California Privacy Rights Act, which was passed in November 2020 and extended to that of 2018. California Consumer Privacy Act.

The law has drawn many observer comparisons to the GDPR on how it grants more control to the consumer and presents the possibility of fines for breaches and data breaches.

“I think there were similarities in that they both offered more rights and protections to the user, so they were more user-centric in their approach,” Masse said.

Other jurisdictions may look to the GDPR for inspiration on what works and what doesn’t, although there are many European nuances and traits to consider that don’t necessarily translate.

“But there is a series of basic rights and basic requirements. That people must be protected, people must maintain control over their information and an obligation must be placed on companies if they want to use this information,” explained Mass.

The main difference between California law and GDPR comes down to its application. California is just one state while the EU is made up of 27 nations with their own data protection authorities and their own challenges.

This has led to disputes between different data protection commissioners over who is important in the app and who is not, with The Irish authority is the most criticized.

“Our app model shows some flaws, so I think there is a big lesson for others watching Europe,” Masse told CNBC.

“I think GDPR is a legislative success, but so far it is an enforcement failure and we can learn from it.”

The key to meeting these challenges is to ensure the full independence of a data protection authority while providing it with sufficient budgets and resources to regulate the ever-growing data economy.

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