As more and more states adopt data privacy laws, the question of which law is better – CCPA or CPRA – is becoming increasingly important. Both laws have pros and cons, but it can be difficult to determine which is right for your business. In this blog post, we’ll break down all you need to know about CCPA vs CPRA so you can make an informed decision for your business about which law is best for you.
CCPA vs CPRA: The Basics
The California Consumer Privacy Act, or CCPA, is a data privacy law that was enacted in 2018. It empowers consumers by giving them a choice to control the data collected about their personal lives and how it is used. The CCPA also imposes new obligations on businesses, including the requirement to disclose certain information about their data collection practices and to provide a way for consumers to opt-out of selling their personal information.
The California Privacy Rights Act (CPRA) is a ballot initiative that voters approved in 2020. It amends the CCPA and strengthens many of its provisions, including giving consumers the right to Opt-Out of data collection and the sale of their personal information. The CPRA also creates a new enforcement agency, the California Privacy Protection Agency (CPPA), and imposes new fines for law violations.
CCPA vs CPRA: Key Differences
You should be aware of a few key differences between CCPA and CPRA.
First, the CCPA applies to businesses that collect personal information from California consumers, while the CPRA applies to businesses that collect personal information from any consumer, regardless of location.
Second, the CCPA gives consumers the right to know what all personal information is being collected about them; & they have the right to delete their personal information and they have the right to opt-out-of the sale of their personal information. The CPRA strengthens these rights by giving consumers the right to Opt-Out of data collection and sales altogether.
Third, the CCPA imposes a maximum fine of $7,500 for each violation, while the CPRA imposes a maximum fine of $750,000 for each violation.
Finally, the CCPA allows businesses to collect, use, and disclose personal information for a “business purpose”, while the CPRA requires businesses to have a “valid business reason” for collecting, using, or disclosing personal information.
CCPA vs CPRA: Which is Better for Businesses?
The answer to this question is influenced by several factors, such as your business type and the personal information you collect. If you do business in California and collect personal information from California consumers, then the CCPA is likely the better law for you. However, if you do business outside of California and collect personal information from consumers nationwide, then the CPRA may be the better law for you. Ultimately, it is important to consult with an experienced data privacy attorney to determine which law is best for your business.
Conclusion
The CCPA vs CPRA debate will likely continue for many years. Both laws have pros and cons, but choosing the law that is best for your business is important. If you do business in California and collect personal information from California consumers, then the CCPA is likely the better law for you. However, if you do business outside of California and collect personal information from consumers nationwide, then the CPRA may be the better law for you. Ultimately, it is important to consult with an experienced data privacy attorney. An experienced data privacy attorney can help you navigate the complexities of both laws and ensure that you comply with their requirements.
