GDPR VS PIPEDA

What is the difference between GDPR and PIPEDA?

The General Data Protection Regulation (GDPR) and the Personal Information Protection and Electronic Documents Act (PIPEDA) are both privacy regulations that aim to protect the personal information of individuals. However, there are some key differences between the two regulations:

1. Geographical scope: GDPR applies to all organizations processing personal data of individuals in the European Union (EU), regardless of where the organization is located. PIPEDA applies to private sector organizations in Canada, but does not apply to organizations that are subject to similar privacy laws in their province.
2. Definition of personal information: GDPR has a broad definition of personal data that includes any information relating to an identified or identifiable natural person, while PIPEDA's definition of personal information is more limited and only includes information about an identifiable individual.
3. Consent: Both regulations require organizations to obtain explicit consent from individuals for the collection, use, and disclosure of their personal information. However, the GDPR requires that consent be given freely, specific, informed, and unambiguous, while PIPEDA allows for implied consent in certain circumstances.
4. Right to be forgotten: GDPR gives individuals the right to request the deletion of their personal data, while PIPEDA does not have a similar right.
5. Data protection officer (DPO): GDPR requires organizations to appoint a DPO if they carry out large-scale systematic monitoring of individuals, while PIPEDA does not have a similar requirement.
6. Penalties: Both regulations provide for substantial penalties for non-compliance, with GDPR providing for fines of up to 4% of an organization's global annual revenue or 20 million euros, whichever is higher, while PIPEDA provides for fines of up to $100,000.

In summary, while both GDPR and PIPEDA aim to protect personal information, there are some significant differences between the two regulations in terms of scope, definition of personal information, consent requirements, and penalties for non-compliance

Here are the most important clauses of each law:

GDPR:

• The right to access personal data: Individuals have the right to access their personal data and information about how that data is processed.
• The right to data portability: Individuals have the right to receive their personal data in a machine-readable format and to transmit that data to another controller.
• The right to erasure (also known as the "right to be forgotten"): Individuals have the right to have their personal data erased in certain circumstances.
• Data protection by design and default: Organizations must implement appropriate technical and organizational measures to ensure the protection of personal data.
• Data breach notifications: Organizations must report certain types of data breaches to the relevant authorities and, in some cases, to individuals.

PIPEDA:

• Obtaining consent: Organizations must obtain consent for the collection, use, and disclosure of personal data, except in specific circumstances.
• Access to personal information: Individuals have the right to access their personal information that is held by organizations.
• Safeguards: Organizations must have appropriate safeguards in place to protect personal information, including security measures to protect against unauthorized access, disclosure, or misuse.
• Openness: Organizations must be open about their personal information handling practices and must make this information easily available to individuals.
• Challenging compliance: Individuals have the right to challenge an organization's compliance with PIPEDA.

Note that these clauses are not exhaustive, and it's recommended to refer to the full text of each law for a complete understanding of the requirements and obligations.