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• CCPA vs GDPR : Understanding Their Impact on Data Analytics

  19 mars, par Alex Carmona

  With over 400 million internet users in Europe and 331 million in the US (11% of which reside in California alone), understanding the nuances of privacy laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) is crucial for compliant and ethical consumer data collection.

  Navigating this compliance landscape can be challenging for businesses serving European and Californian markets.

  This guide explores the key differences between CCPA and GDPR, their impact on data analytics, and how to ensure your business meets these essential privacy requirements.

  What is the California Consumer Privacy Act (CCPA) ?

  The California Consumer Privacy Act (CCPA) is a data privacy law that gives California consumers control over their personal information. It applies to for-profit businesses operating in California that meet specific criteria related to revenue, data collection and sales.

  Origins and purpose

  The CCPA addresses growing concerns about data privacy and how businesses use personal information in California. The act passed in 2018 and went into effect on 1 January 2020.

  Key features

  • Grants consumers the right to know what personal information is collected
  • Provides the right to delete personal information
  • Allows consumers to opt out of the sale of their personal information
  • Prohibits discrimination against consumers who exercise their CCPA rights

  Key definitions under the CCPA framework

  • Business : A for-profit entity doing business in California and meeting one or more of these conditions :
    • Has annual gross revenues over $25 million ;
    • Buys, receives, sells or shares 50,000 or more consumers’ personal information ; or
    • Derives 50% or more of its annual revenues from selling consumers’ personal information
  • Consumer : A natural person who is a California resident
  • Personal Information : Information that could be linked to, related to or used to identify a consumer or household, such as online identifiers, IP addresses, email addresses, social security numbers, cookie identifiers and more

  What is the General Data Protection Regulation (GDPR) ?

  The General Data Protection Regulation (GDPR) is a data privacy and protection law passed by the European Union (EU). It’s one of the strongest and most influential data privacy laws worldwide and applies to all organisations that process the personal data of individuals in the EU.

  Origins and purpose

  The GDPR was passed in 2016 and went into effect on 25 May 2018. It aims to harmonise data privacy laws in Europe and give people in the European Economic Area (EEA) privacy rights and control over their data.

  Key features

  • Applies to all organisations that process the personal data of individuals in the EEA
  • Grants individuals a wide range of privacy rights over their data
  • Requires organisations to obtain explicit and informed consent for most data processing
  • Mandates appropriate security measures to protect personal data
  • Imposes significant fines and penalties for non-compliance

  Key definitions under the GDPR framework

  • Data Subject : An identified or identifiable person
  • Personal Data : Any information relating to a data subject
  • Data Controller : The entity or organisation that determines how personal data is processed and what for
  • Data Processor : The entity or organisation that processes the data on behalf of the controller

  CCPA vs. GDPR : Key similarities

  The CCPA and GDPR enhance consumer privacy rights and give individuals greater control over their data.

  Dimension	CCPA	GDPR
  Purpose	Protect consumer privacy	Protect individual data rights
  Key Rights	Right to access, delete and opt out of sale	Right to access, rectify, erase and restrict processing
  Transparency	Requires transparency around data collection and use	Requires transparency about data collection, processing and use

  CCPA vs. GDPR : Key differences

  While they have similar purposes, the CCPA and GDPR differ significantly in their scope, approach and specific requirements.

  Dimension	CCPA	GDPR
  Scope	For-profit businesses only	All organisations processing EU consumer data
  Territorial Reach	California-based natural persons	All data subjects within the EEA
  Consent	Opt-out system	Opt-in system
  Penalties	Per violation based on its intentional or negligent nature	Case-by-case based on comprehensive assessment
  Individual Rights	Narrower (relative to GDPR)	Broader (relative to CCPA)

  CCPA vs. GDPR : A multi-dimensional comparison

  The previous sections gave a broad overview of the similarities and differences between CCPA and GDPR. Let’s now examine nine key dimensions where these regulations converge or diverge and discuss their impact on data analytics.

  

  #1. Scope and territorial reach

  The GDPR has a much broader scope than the CCPA. It applies to all organisations that process the personal data of individuals in the EEA, regardless of their business model, purpose or physical location.

  The CCPA applies to medium and large for-profit businesses that derive a substantial portion of their earnings from selling Californian consumers’ personal information. It doesn’t apply to non-profits, government agencies or smaller for-profit companies.

  Impact on data analytics

  The difference in scope significantly impacts data analytics practices. Smaller businesses may not need to comply with either regulation, some may only need to follow the CCPA, while most global businesses must comply with both. This often requires different methods for collecting and processing data in California, Europe, and elsewhere.

  #2. Penalties and fines for non-compliance

  Both the CCPA and GDPR impose penalties for non-compliance, but the severity of fines differs significantly :

  CCPA	Maximum penalty
  	$2,500 per unintentional violation $7,500 per intentional violation

  “Per violation” means per violation per impacted consumer. For example, three intentional CCPA violations affecting 1,000 consumers would result in 3,000 total violations and a $22.5 million maximum penalty (3,000 × $7,500).

  

  The largest CCPA fine to date was Zoom’s $85 million settlement in 2021.

  

  In contrast, the GDPR has resulted in 2,248 fines totalling almost €6.6 billion since 2018 — €2.4 billion of which were for non-compliance.

  GDPR	Maximum penalty
  	€20 million or 4% of all revenue earned the previous year

  So far, the biggest fine imposed under the GDPR was Meta’s €1.2 billion fine in May 2023 — 15 times more than Zoom had to pay California.

  Impact on data analytics

  The significant difference in potential fines demonstrates the importance of regulatory compliance for data analytics professionals. Non-compliance can have severe financial consequences, directly affecting budget allocation and business operations.

  Businesses must ensure their data collection, storage and processing practices comply with regulations in both Europe and California.

  Choosing privacy-first, compliance-ready analytics platforms like Matomo is instrumental for mitigating non-compliance risks.

  #3. Data subject rights and consumer rights

  The CCPA and GDPR give people similar rights over their data, but their limitations and details differ.

  Rights common to the CCPA and GDPR

  • Right to Access/Know : People can access their personal information and learn what data is collected, its source, its purpose and how it’s shared
  • Right to Delete/Erasure : People can request the deletion of their personal information, with some exceptions
  • Right to Non-Discrimination : Businesses can’t discriminate against people who exercise their privacy rights

  Consumer rights unique to the CCPA

  • Right to Opt Out of Sale : Consumers can prohibit the sale of their personal information
  • Right to Notice : Businesses must inform consumers about data collection practices
  • Right to Disclosure : Consumers can request specific information collected about them

  Data subject rights unique to the GDPR

  • Right to be Informed : Broader transparency requirements encompass data retention, automated decision-making and international transfers
  • Right to Rectification : Data subjects may request the correction of inaccurate data
  • Right to Restrict Processing : Consumers may limit data use in certain situations
  • Right to Data Portability : Businesses must provide individual consumer data in a secure, portable format when requested
  • Right to Withdraw Consent : Consumers may withdraw previously granted consent to data processing

  	CCPA	GDPR
  Right to Access or Know	✓	✓
  Right to Delete or Erase	✓	✓
  Right to Non-Discrimination	✓	✓
  Right to Opt-Out	✓
  Right to Notice	✓
  Right to Disclosure	✓
  Right to be Informed		✓
  Right to Rectification		✓
  Right to Restrict Processing		✓
  Right to Data Portability		✓
  Right to Withdraw Consent		✓

  Impact on data analytics

  Data analysts must understand these rights and ensure compliance with both regulations, which could potentially require separate data handling processes for EU and California consumers.

  #4. Opt-out vs. opt-in

  The CCPA generally follows an opt-out model, while the GDPR requires explicit consent from individuals before processing their data.

  Impact on data analytics

  For CCPA compliance, businesses can collect data by default if they provide opt-out mechanisms. Failing to process opt-out requests can result in severe penalties, like Sephora’s $1.2 million fine.

  Under GDPR, organisations must obtain explicit consent before collecting any data, which can limit the amount of data available for analysis.

  #5. Parental consent

  The CCPA and GDPR have provisions regarding parental consent for processing children’s data. The CCPA requires parental consent for children under 13, while the GDPR sets the age at 16, though member states can lower it to 13.

  Impact on data analytics

  This requirement significantly impacts businesses targeting younger audiences. In Europe and the US, companies must implement different methods to verify users’ ages and obtain parental consent when necessary.

  The California Attorney General’s Office recently fined Tilting Point Media LLC $500,000 for sharing children’s data without parental consent.

  #6. Data security requirements

  Both regulations require businesses to implement adequate security measures to protect personal data. However, the GDPR has more prescriptive requirements, outlining specific security measures and emphasising a risk-based approach.

  Impact on data analytics

  Data analytics professionals must ensure that data is processed and stored securely to avoid breaches and potential fines.

  #7. International data transfers

  Both the CCPA and GDPR address international data transfers. Under the CCPA, businesses must only inform consumers about international transfers. The GDPR has stricter requirements, including ensuring adequate data protection safeguards for transfers outside the EEA.

  

  Other rules, like the Payment Services Directive 2 (PSD2), also affect international data transfers, especially in the financial industry.

  PSD2 requires strong customer authentication and secure communication channels for payment services. This adds complexity to cross-border data flows.

  Impact on data analytics

  The primary impact is on businesses serving European residents from outside Europe. Processing data within the European Union is typically advisable. Meta’s record-breaking €1.2 billion fine was specifically for transferring data from the EEA to the US without sufficient safeguards.

  Choosing the right analytics platform helps avoid these issues.

  For example, Matomo offers a free, open-source, self-hosted analytics platform you can deploy anywhere. You can also choose a managed, GDPR-compliant cloud analytics solution with all data storage and processing servers within the EU (in Germany), ensuring your data never leaves the EEA.

  #8. Enforcement mechanisms

  The California Attorney General is responsible for enforcing CCPA requirements, while in Europe, the Data Protection Authority (DPA) in each EU member state enforces GDPR requirements.

  Impact on data analytics

  Data analytics professionals should be familiar with their respective enforcement bodies and their powers to support compliance efforts and minimise the risk of fines and penalties.

  #9. Legal basis for personal data processing

  The GDPR outlines six legal grounds for processing personal data :

  • Consent
  • Contract
  • Legal obligation
  • Vital interests
  • Public task
  • Legitimate interests

  The CCPA doesn’t explicitly define lawful bases but focuses on consumer rights and transparency in general.

  Impact on data analytics

  Businesses subject to the GDPR must identify and document a valid lawful basis for each processing activity.

  Compliance rules under CCPA and GDPR

  Complying with the CCPA and GDPR requires a comprehensive approach to data privacy. Here’s a summary of the essential compliance rules for each framework :

  

  CCPA compliance rules

  • Create clear and concise privacy policies outlining data collection and use practices
  • Give consumers the right to opt-out
  • Respond to consumer requests to access, delete and correct their personal information
  • Implement reasonable security measures for consumers’ personal data protection
  • Never discriminate against consumers who exercise their CCPA rights

  GDPR compliance rules

  • Obtain explicit and informed consent for data processing activities
  • Implement technical and organisational controls to safeguard personal data
  • Designate a Data Protection Officer (DPO) if necessary
  • Perform data protection impact assessments (DPIAs) for high-risk processing activities
  • Maintain records of processing activities
  • Promptly report data breaches to supervisory authorities

  Navigating the CCPA and GDPR with confidence

  Understanding the nuances of the CCPA and GDPR is crucial for businesses operating in the US and Europe. These regulations significantly impact data collection and analytics practices.

  Implementing robust data security practices and prioritising privacy and compliance are essential to avoid severe penalties and build trust with today’s privacy-conscious consumers.

  Privacy-centric analytics platforms like Matomo enable businesses to collect, analyse and use data responsibly and transparently, extracting valuable insights while maintaining compliance with both CCPA and GDPR requirements.

  Start your 21-day free trial today !

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• Privacy-enhancing technologies : Balancing data utility and security

  18 juillet, par Joe

  In the third quarter of 2024, data breaches exposed 422.61 million records, affecting millions of people around the world. This highlights the need for organisations to prioritise user privacy. 

  Privacy-enhancing technologies can help achieve this by protecting sensitive information and enabling safe data sharing. 

  This post explores privacy-enhancing technologies, including their types, benefits, and how our website analytics platform, Matomo, supports them by providing privacy-focused features.

  What are privacy-enhancing technologies ? 

  Privacy Enhancing Technologies (PETs) are tools that protect personal data while allowing organisations to process information responsibly. 

  In industries like healthcare, finance and marketing, businesses often need detailed analytics to improve operations and target audiences effectively. However, collecting and processing personal data can lead to privacy concerns, regulatory challenges, and reputational risks.

  PETs minimise the collection of sensitive information, enhance security and allow users to control how companies use their data. 

  Global privacy laws like the following are making PETs essential for compliance :

  • General Data Protection Regulation (GDPR) in the European Union
  • California Consumer Privacy Act (CCPA) in California
  • Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada
  • Lei Geral de Proteção de Dados (LGPD) in Brazil

  Non-compliance can lead to severe penalties, including hefty fines and reputational damage. For example, under GDPR, organisations may face fines of up to €20 million or 4% of their global annual revenue for serious violations. 

  Types of PETs 

  What are the different types of technologies available for privacy protection ? Let’s take a look at some of them. 

  Homomorphic encryption

  Homomorphic encryption is a cryptographic technique in which users can perform calculations on cipher text without decrypting it first. When the results are decrypted, they match those of the same calculation on plain text. 

  This technique keeps data safe during processing, and users can analyse data without exposing private or personal data. It is most useful in financial services, where analysts need to protect sensitive customer data and secure transactions. 

  Despite these advantages, homomorphic encryption can be complex to compute and take longer than other traditional methods. 

  Secure Multi-Party Computation (SMPC)

  SMPC enables joint computations on private data without revealing the raw data. 

  In 2021, the European Data Protection Board (EDPB) issued technical guidance supporting SMPC as a technology that protects privacy requirements. This highlights the importance of SMPC in healthcare and cybersecurity, where data sharing is necessary but sensitive information must be kept safe. 

  For example, several hospitals can collaborate on research without sharing patient records. They use SMPC to analyse combined data while keeping individual records confidential. 

  Synthetic data

  Synthetic data is artificially generated to mimic real datasets without revealing actual information. It is useful for training models without compromising privacy. 

  Imagine a hospital wants to train an AI model to predict patient outcomes based on medical records. Sharing real patient data, however, poses privacy challenges, so that can be changed with synthetic data. 

  Synthetic data may fail to capture subtle nuances or anomalies in real-world datasets, leading to inaccuracies in AI model predictions.

  Pseudonymisation

  Pseudonymisation replaces personal details with fake names or codes, making it hard to determine who the information belongs to. This helps keep people’s personal information safe. Even if someone gets hold of the data, it’s not easy to connect it back to real individuals. 

  

  Pseudonymisation works differently from synthetic data, though both help protect individual privacy. 

  When we pseudonymise, we take factual information and replace the bits that could identify someone with made-up labels. Synthetic data takes an entirely different approach. It creates new, artificial information that looks and behaves like real data but doesn’t contain any details about real people.

  Differential privacy

  Differential privacy adds random noise to datasets. This noise helps protect individual entries while still allowing for overall analysis of the data. 

  It’s useful in statistical studies where trends need to be understood without accessing personal details.

  For example, imagine a survey about how many hours people watch TV each week. 

  Differential privacy would add random variation to each person’s answer, so users couldn’t tell exactly how long John or Jane watched TV. 

  However, they could still see the average number of hours everyone in the group watched, which helps researchers understand viewing habits without invading anyone’s privacy.

  Zero-Knowledge Proofs (ZKP)

  Zero-knowledge proofs help verify the truth without exposing sensitive details. This cryptographic approach lets someone prove they know something or meet certain conditions without revealing the actual information behind that proof.

  Take ZCash as a real-world example. While Bitcoin publicly displays every financial transaction detail, ZCash offers privacy through specialised proofs called Zero-Knowledge Succinct Non-Interactive Arguments of Knowledge (zk-SNARKs). These mathematical proofs confirm that a transaction follows all the rules without broadcasting who sent money, who received it, or how much changed hands.

  The technology comes with trade-offs, though. 

  Creating and checking these proofs demands substantial computing power, which slows down transactions and drives up costs. Implementing these systems requires deep expertise in advanced cryptography, which keeps many organisations from adopting them despite their benefits.

  Trusted Execution Environment (TEE)

  TEEs create special protected zones inside computer processors where sensitive code runs safely. These secure areas process valuable data while keeping it away from anyone who shouldn’t see it.

  TEEs are widely used in high-security applications, such as mobile payments, digital rights management (DRM), and cloud computing.

  Consider how companies use TEEs in the cloud : A business can run encrypted datasets within a protected area on Microsoft Azure or AWS Nitro Enclaves. Due to this setup, even the cloud provider can’t access the private data or see how the business uses it. 

  TEEs do face limitations. Their isolated design makes them struggle with large or spread-out computing tasks, so they don’t work well for complex calculations across multiple systems.

  Different TEE implementations often lack standardisation, so there can be compatibility issues and dependence on specific vendors. If the vendor stops the product or someone discovers a security flaw, switching to a new solution often proves expensive and complicated.

  Obfuscation (Data masking)

  Data masking involves replacing or obscuring sensitive data to prevent unauthorised access. 

  It replaces sensitive data with fictitious but realistic values. For example, a customer’s credit card number might be masked as “1234-XXXX-XXXX-5678.” 

  The original data is permanently altered or hidden, and the masked data can’t be reversed to reveal the original values.

  Federated learning

  Federated learning is a machine learning approach that trains algorithms across multiple devices without centralising the data. This method allows organisations to leverage insights from distributed data sources while maintaining user privacy.

  For example, NVIDIA’s Clara platform uses federated learning to train AI models for medical imaging (e.g., detecting tumours in MRI scans). 

  Hospitals worldwide contribute model updates from their local datasets to build a global model without sharing patient scans. This approach may be used to classify stroke types and improve cancer diagnosis accuracy.

  Now that we have explored the various types of PETs, it’s essential to understand the principles that guide their development and use. 

  Key principles of PET (+ How to enable them with Matomo) 

  PETs are based on several core principles that aim to balance data utility with privacy protection. These principles include :

  Data minimisation

  Data minimisation is a core PET principle focusing on collecting and retaining only essential data.

  Matomo, an open-source web analytics platform, helps organisations to gather insights about their website traffic and user behaviour while prioritising privacy and data protection. 

  Recognising the importance of data minimisation, Matomo offers several features that actively support this principle :

  • Cookieless tracking : Eliminates reliance on cookies, reducing unnecessary data collection.
  • IP anonymisation : Automatically anonymises IP addresses, preventing identification of individual users.

  

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  • Custom data retention policies : Allows organisations to define how long user data is stored before automatic deletion.

  7Assets, a fintech company, was using Google Analytics and Plausible as their web analytics tools. 

  However, with Google Analytics, they faced a problem of unnecessary data tracking, which created legal work overhead. Plausible didn’t have the features for the kind of analysis they wanted. 

  They switched to Matomo to enjoy the balance of privacy yet detailed analytics. With Matomo, they had full control over their data collection while also aligning with privacy and compliance requirements.

  Transparency and User Control

  Transparency and user control are important for trust and compliance. 

  Matomo enables these principles through :

  • Consent management : Offers integration with Consent Mangers (CMPs), like Cookiebot and Osano, for collecting and managing user consent.
  • Respect for DoNotTrack settings : Honours browser-based privacy preferences by default, empowering users with control over their data.

  

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  • Opt-out mechanisms : These include iframe features that allow visitors to opt out of tracking. 

  Security and Confidentiality

  Security and confidentiality protect sensitive data against inappropriate access. 

  Matomo achieves this through :

  • On-premise hosting : Gives organisations the ability to host analytics data on-site for complete data control.
  • Data security : Protects stored information through access controls, audit logs, two-factor authentication and SSL encryption.
  • Open source code : Enables community reviews for better security and transparency.

  Purpose Limitation

  Purpose limitation means organisations use data solely for the intended purpose and don’t share or sell it to third parties. 

  Matomo adheres to this principle by using first-party cookies by default, so there’s no third-party involvement. Matomo offers 100% data ownership, meaning all the data organisations get from our web analytics is of the organisation, and we don’t sell it to any external parties. 

  Compliance with Privacy Regulations

  Matomo aligns with global privacy laws such as GDPR, CCPA, HIPAA, LGPD and PECR. Its compliance features include :

  • Configurable data protection : Matomo can be configured to avoid tracking personally identifiable information (PII).
  • Data subject request tools : These provide mechanisms for handling requests like data deletion or access in accordance with legal frameworks.
  • GDPR manager : Matomo provides a GDPR Manager that helps businesses manage compliance by offering features like visitor log deletion and audit trails to support accountability.

  

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  Mandarine Academy is a French-based e-learning company. It found that complying with GDPR regulations was difficult with Google Analytics and thought GA4 was hard to use. Therefore, it was searching for a web analytics solution that could help it get detailed feedback on its site’s strengths and friction points while respecting privacy and GDPR compliance. With Matomo, it checked all the boxes.

  Data collaboration : A key use case of PETs

  One specific area where PETs are quite useful is data collaboration. Data collaboration is important for organisations for research and innovation. However, data privacy is at stake. 

  This is where tools like data clean rooms and walled gardens play a significant role. These use one or more types of PETs (they aren’t PETs themselves) to allow for secure data analysis. 

  Walled gardens restrict data access but allow analysis within their platforms. Data clean rooms provide a secure space for data analysis without sharing raw data, often using PETs like encryption. 

  Tackling privacy issues with PETs 

  Amidst data breaches and privacy concerns, organisations must find ways to protect sensitive information while still getting useful insights from their data. Using PETs is a key step in solving these problems as they help protect data and build customer trust. 

  Tools like Matomo help organisations comply with privacy laws while keeping data secure. They also allow individuals to have more control over their personal information, which is why 1 million websites use Matomo.

  In addition to all the nice features, switching to Matomo is easy :

  “We just followed the help guides, and the setup was simple,” said Rob Jones. “When we needed help improving our reporting, the support team responded quickly and solved everything in one step.” 

  To experience Matomo, sign up for our 21-day free trial, no credit card details needed. 

• Revision 32594 : plugins en minuscules, et alias pour les noms de sites

  1er novembre 2009, par fil@… — Log

  plugins en minuscules, et alias pour les noms de sites