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CPRA vs CCPA: The Difference and How to Stay Compliant

What could be a world without security and privacy? Has anyone ever imagined how it would be not to get even fundamental human rights? But, thankfully this is not the era of it and will never happen in the future. We are in a smart world where for every action there are rules and consequences. Laws like GDPR, CCPA, CPRA etc are designed to protect the privacy of local innocent citizens against hackers. 

In this blog, we have highlighted the CPRA regulations in detail for a better and more vivid understanding. California Privacy Rights Act (CPRA) is a law which strengthens and enlarges the current California Consumer Privacy Act (CCPA). The CPRA aims to increase transparency and accountability for businesses that collect and use personal information. As well as to give consumers more control over their personal data.

Define CPRA

The California privacy law was passed in 2020, and it became effective on January 1st, 2023. The California Consumer Privacy Act (CCPA) already exists, but CPRA extends such protections for Californians. In addition to establishing a new state body to police privacy rules, it also adds new requirements for businesses. Which includes the right to update personal information and the need to indicate how long personal information is hold. 

The CPRA privacy policy establishes a new category of sensitive personal information. It includes details about racial or ethnic origin, religion, sexual orientation, and biometric data. In general, the CPRA intends to promote openness and responsibility for enterprises that collect and utilize personal information. As well as to provide consumers with more control over their personal data.

Historical Background

Voters in California approved the CPRA, a privacy bill that was put on the ballot in November 2020. Privacy advocates spearheaded the effort, known as the California Privacy Rights and Enforcement Act (CPREA). Which has the goal of enhancing and strengthening the current California Consumer Privacy Act (CCPA).

California residents now have certain rights over their personal data which took effect in January 2020. It was the first comprehensive privacy eu cookie law in the country. These include the right of their personal information and right to delete it. For not having enough enforcement and being ambiguous, they criticized CCPA

The CPREA was put on the ballot as a ballot initiative in November 2020 in response to these objections. A combination of privacy activists, including the California ACLU and the Consumer Federation of California. Which is the man behind the CCPA, who endorsed the campaign.

By giving Californians new privacy rights the CPREA aims to reinforce and broaden the CCPA. The California Privacy Protection Agency (CPPA) which is a new state agency. It was created as a part of initiative to uphold the California’s privacy laws.

The proposition was rename the California Privacy Rights Act. Once the California voters approved the laws, it came into effect on 1st January 2023. The CPRA is viewed as a model for other states and nations considering similar privacy legislation and provides a major improvement in privacy rights for Californians.

How to comply with CPRA?

Consumers in California now have access to extra privacy rights and safeguards. Thanks to the comprehensive data privacy law known as the California Privacy Rights Act (CPRA). To comply with the CPRA we can use following actions

  • Make a data inventory: Specify the personal information you gather, use, and share as well as its source and intended use.
  • Revisit your privacy statement: Evaluate and update your privacy policy to make sure it contains all necessary information, including data retention policies, consumer rights information, and privacy practices.
  • Build a system for customer requests: Provide a procedure for handling consumer inquiries about their personal information, including the ability to access, correct, and remove it.
  • Putting in place data protection measures: Employ suitable technical and organizational safeguards, such as encryption and access controls, to safeguard personal data.
  • Do risk analyses: To detect and reduce potential privacy risks to personal information, conduct periodic risk assessments.
  • Employee education is provided: Inform your staff members who deal with personal data about your data privacy policies, processes, and legal obligations.
  • Examine vendor agreements: To meet CPRA criteria vendors should review and update the contracts

Learn about Seers cookie consent which is liable and efficient in terms of maintaining its standard and following the CCPA regulation. 

CPRA vs CCPA

By revising the California Consumer Privacy Act, the California Privacy Rights Act (CPRA) strengthens and expands Californians’ rights to privacy (CCPA). Scope, data retention, sensitive personal data, optout rights, and enforcement are some of the key distinctions between CPRA and CCPA.

  • Scope: Businesses that collect or sell the personal information of more than 100,000 California customers or households are subject to the CPRA, whereas firms that do so with more than 50,000 are subject to the CCPA.
  • Data storage: Unlike the CCPA, which does not require corporations to declare their data retention practices, the CPRA does.
  • Protection of private data: The CPRA establishes a new category of sensitive personal data, including racial, ethnic, religious, and genetic characteristics, and mandates which businesses get consumers’ explicit consent before collecting or disclosing this data.
  • Optout: A new right to object to the sale or sharing of personal data for cross-context behavioral advertising is available through CPRA.
  • Enforcement: In contrast to CCPA, CPRA creates a new agency, the California Privacy Protection Agency.

CPRA Enforcement

  • Introduces additional consumer privacy rights: Californians now have new rights regarding their personal data under the CPRA. That includes the ability to amend inaccurate personal data, restrict the use of sensitive personal data, and request information about the duration of data retention.
  • Creates a new category of delicate personal data: Sensitive personal information is a new classification under the CPRA that includes details like racial or ethnic origin, religion, sexual preference, and biological characteristics. Consumers’ express consent to obtain before businesses can collect and use this kind of information.
  • Establishes a new state agency to uphold privacy regulations: CPRA creates the CPPA, which is in charge of upholding California’s privacy laws. And also, defending the rights of Californians to privacy.
  • Increases business accountability and transparency: Organizations must provide more information about their methods for collecting and sharing customer data. Additionally, it enhances the penalty for noncompliance and grants Californians the ability to bring legal action against corporations for specific data breaches.

When will CPRA be enforced?

California voters adopted the CPRA in November 2020, and it will go into effect on January 1st, 2023. A one-year lookback clause in the CPRA requires enterprises to grant customers certain privacy rights for personal data. Which they gather on or after January 1, 2022. In order to clarify the standards and offer direction on compliance. The CPPA, which is in charge of implementing the CPRA, will start rulemaking and issue regulations in the following months.

Conclusion:

The CPRA California has taken the responsibility of protecting the data of localities. CPRA-modified regulations allow website owners to maintain their privacy trends. It is now in action and provides CPRA rights to each and every member. The CPRA expands on the CCPA’s framework and strengthens consumer privacy protections by granting additional rights and imposing new obligations on corporations.
Moreover, Seers offer multiple features to its clients keeping in mind all the basic and advanced data privacy rules and regulations according to the laws of GDPR, CPRA, CCPA etc. to be trustworthy.