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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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• The Guide to an Ethical Web : With Big Data Comes Big Responsibility

  13 mars, par Alex Carmona

  Roughly two-thirds of Earth’s 8 billion people use the internet for communication, education, entertainment, business and more. We are connected globally in ways previous generations could’ve never dreamed of. It’s been a wild ride, and we’re just starting.

  Many users have learned that experiences online can be a mix of good and bad. Sometimes, the bad can feel like it outweighs the good, particularly when large tech companies use our data shadily, cut corners on accessibility or act in any other way that devalues the human being behind the screen.

  As fellow internet citizens, what responsibility do we have to create a more ethical web for our customers ?

  In this article, we’ll look at ethical principles online and how to act (and not act) to build trust, reach customers regardless of ability, safeguard privacy and stay compliant while improving business outcomes.

  

  What is an “ethical web” ?

  When we talk about the ethical web, we’re talking about the use of the internet in an ethical way. Among other values, it involves transparency, consent and restraint. It applies the Golden Rule to the internet : Treat others (and their data and user experience) how you’d want yourself (and yours) to be treated. 

  With limited oversight, the internet has evolved in ways that often prioritise profit over user rights. While selling data or pushing cookies might seem logical in this context, they can undermine trust and reputation. And the tide is slowly but surely shifting as consumers and legislators push back.

  Consumers no longer want to buy from companies that will use their data in ways they don’t agree to. In 2022, 75% of UK and US consumers surveyed said they were uncomfortable purchasing from businesses with weak data ethics.

  Legislators worldwide have been taking part in this effort for nearly a decade, with laws like GDPR in the EU and LGPD in Brazil, as well as the various state laws in the US, like California’s CCPA and Virginia’s VCDPA. 

  Even tech giants are no longer above the law, like Meta, which was fined over a billion Euros for GDPR violations in 2023.

  

  These changes may make the internet feel less business-friendly at first glance, but ethical choices ultimately build a stronger digital ecosystem for both companies and consumers. 

  Likewise, all internet users alike can make this happen by shunning short-term profit and convenience for healthier, long-term choices and behaviour.

  As we dig into what it takes to build an ethical web, remember that no company or individual is free from mistakes in these areas nor is it an overnight fix. Progress is made one click at a time.

  Ethical SEO : Optimising your content and your ethics

  Content creation and search engine optimisation (SEO) require so much work that it’s hard to fault creators for not always abiding by search engine guidelines and seeking shortcuts – especially when there’s a sea of LinkedIn posts about how copying/pasting ChatGPT responses helped someone rank #1 for several keywords in one week.

  However, users turn to Google and other search engines for something of substance that will guide or entertain them.

  Content meets customer needs and is more likely to lead to sales when it’s well-written, original and optimised just enough to make it easier to find on the first page of results. This doesn’t happen when content teams dilute quality and waste a reader or viewer’s time on posts that will only yield a higher bounce rate.

  Some SEO pros do find success by building backlinks through private blog networks or crafting a million unedited posts with generative AI, but it’s short-lived. Google and other search engines always catch up, and their content plummets or gets penalised and delisted with every new update.

  Content teams can still rank at the top while sticking to ethical SEO principles. Here’s a sample list of dos and don’ts to get started :

  • Do put content quality above all else. Make content that serves the audience, not just a brand or partner ad network.
  • Do apply the E-E-A-T framework. Search engines value content written by authors who bring expertise, experience, authority and trust (E-E-A-T).
  • Don’t keyword stuff. This might have worked in the early days of SEO, but it hurts readability and now harms article performance.
  • Do use alt text as intended. While it can still help SEO, alt text should prioritise accessibility for users with screen readers.

  • Don’t steal content. Whether it’s violating copyright, copying/pasting other people’s content or simply paraphrasing without citation, companies should never steal content.
  • Don’t steal ideas. It’s okay to join in on a current conversation or trends in an industry, but content creators should be sure they have something valuable to add.
  • Do use AI tools as partners, not creators. AI can be an incredible aid in crafting content, but it should never be posted without a human’s touch.

  When we follow ethical SEO guidelines and get more clients with our content, how do we best handle their data ?

  Ethical data governance : Important principles and how to avoid data misuse

  Data governance comprises every aspect of how a company manages data, including storage, security, privacy, lifecycle management, setting policies and maintaining compliance with laws like GDPR and HIPAA.

  Applying data ethics to governance is doing it all in a transparent, restrained way that acknowledges an individual’s right to ownership over their data. 

  For organisations, this translates to getting consent to collect data and clearly spelling out how it will be stored and used — and sticking to it.

  If a user’s birth date is needed for legal reasons, it cannot be sold to a third party or later used for something else without explicit permission. Reusing data in ways that stray from its original purpose is a form of commingling, one of the data misuses that is easy for even well-intentioned teams to do accidentally.

  Ethical data governance also includes the vigilant safeguarding of users’ data and minimising potential privacy issues.

  Failing to implement and adhere to strong security measures leads to situations like the National Public Data (NPD) breach, where cyber criminals expose the addresses, phone numbers and social security numbers of hundreds of millions of people. This was due in large part to a weakness in storing login credentials and a lack of password policy enforcement.

  No one at NPD wanted this to happen, but security likely took a backseat to other business concerns, leading to the company’s filing for bankruptcy.

  More importantly, as a data broker that aggregates information from other sources, the people affected likely had no clue this organisation had been buying and selling their data. The companies originally entrusted with their information helped provide the leaked data, showing a lack of care for privacy.

  Situations like this reinforce the need for strict data protection laws and for companies to refine their data governance approach. 

  Businesses can improve their data governance posturing with managers and other higher-ups setting the right tone at the top. If leadership takes a firm and disciplined approach by setting and adhering to strong policies, the rest of the team will follow and minimise the chances of data misuse and security incidents.

  One way to start is by using tools that make the principles of data ethics easier to follow.

  Ethical web analytics : Drawing insights while respecting privacy

  Web analytics tools are designed to gather data about users and what they do while visiting a site.
  The most popular tool worldwide is Google Analytics (GA). Its brand name and feature set carry a lot of weight, but many former users have switched to alternatives due to dissatisfaction with the changes made in GA4 and reservations about the way Google handles data.

  

  Google is another tech giant that has been slapped with massive GDPR fines for issues over its data processing practices. It has run so afoul of compliance that it was banned in France and Austria for a while. Additionally, in the US Department of Justice’s ongoing antitrust lawsuit against Google, the company’s data tracking has been targeted for both how it affects users and potential rivals.

  Unlike GA, ethical web analytics tools allow websites to get the data they need while respecting user privacy.

  Matomo offers privacy protections like :

  • Providing data anonymisation and IP anonymisation
  • Allowing users the ability to not process personally identifiable information (PII)
  • Disabling the ability to track users across websites by default to make compliance easier
  • Giving users full control over their customer data without the risk of it getting into the hands of third parties
  • Much more

  We’re also fully transparent about how we handle your data on the web and in the Matomo Cloud and in how we build Matomo as an open-source tool. Our openness allows you to be more open with your customers and how you ethically use their data.

  There are other GDPR-compliant tools on the market, but some of them, like Adobe Analytics, require more setup from users for compliance, don’t grant full control over data and don’t offer on-premise options or consent-free tracking.

  Beyond tracking, there are other ways to make a user’s experience more enjoyable and ethical.

  Ethical user experience : User-friendliness, not user-hostility

  When designing a website or application, creating a positive user experience (UX) always comes first. 

  The UI should be simple to navigate, data and privacy policy information should be easy to find and customers should feel welcomed. They must never be tricked into consenting or installing. 

  When businesses resort to user-hostile tactics, the UX becomes a battle between the user and them. What may seem like a clever tactic to increase sign-ups can alienate potential customers and ruin a brand’s image. 

  Here are some best practices for creating a more ethical UX :

  Avoid dark patterns

  Dark patterns are UI designs and strategies that mislead users into paying for, agreeing to or doing something they don’t actually want. These designs are unethical because they’re manipulative and remove transparency and consent from the interaction. 

  In some cases, they’re illegal and can bring lawsuits. 

  In 2023, Italy’s Data Protection Authority (DPA) fined a digital marketing company €300,000 for alleged GDPR violations. They employed dark patterns by asking customers to accept cookies again after rejecting them and placing the option to reject cookies outside the cookie banner. 

  Despite their legality and 56% of surveyed customers losing trust in platforms that employ dark patterns, a review by the Organisation for Economic Co-operation and Development (OECD) found that 76% of the websites examined contained at least one dark pattern.

  

  If a company is worried that they may be relying on dark patterns, here are some examples of what to avoid :

  • Pre-ticking boxes to have users agree to third-party cookies, sign up for a newsletter, etc.
  • Complicated cookie banners without a one-click way to reject all unnecessary cookies
  • Hiding important text with text colour, under drop-down menus or requiring hovering over something with a mouse 
  • “Confirm shaming” users with emotionally manipulative language to delay subscription cancellations or opt out of tracking 

  Improve trust centres

  Trust centres are the sections of a website that outline how a company approaches topics like data governance, user privacy and security. 

  They should be easy to find and understand. If a user has a question about a company’s data policy, it should be one click away with language that doesn’t require a law degree to comprehend.

  Additionally, trust centres must cover all relevant details, including where data is stored and who does the subprocessing. This is an area where even some of the best-intentioned companies may miss the mark, but it’s also an easy fix and a great place to start creating a more ethical web.

  Embrace inclusivity

  People want to feel welcomed to the party — and deserve to be — regardless of their race, ethnicity, religion, gender identity, orientation or ability. 

  Inclusivity is great for customers and companies alike. 

  A study by the Unstereotype Alliance found that progressive marketing drove up short- and long-term sales, customer loyalty and purchase consideration. A Kantar study reported that 75% of surveyed customers around the world consider a company’s diversity and inclusivity when making a purchasing decision.

  An easy place to start embracing inclusivity is with a website’s blog images. The people in photos and cartoons should reflect a variety of different backgrounds.

  Another area to improve inclusivity is by making your site or app more accessible.

  Accessibility ethics : An internet for everyone

  Accessibility is designing your product in a way that everyone can enjoy or take part in, regardless of ability. Digital accessibility is applying this design to the web and applications by making accommodations like adding descriptive alt text to images for users with visual impairments.

  Just because someone has a hearing, vision, speech, mobility, neurological or other impairment doesn’t mean they have any less of a right to shop online, read silly listicles or get into arguments with strangers in the comment section.

  Beyond being the right thing to do, the Fable team shows there’s a strong business case for accessibility. People with disabilities have money to spend, and the accommodations businesses make for them often benefit people without disabilities, too – as anyone who streams with subtitles can attest.

  Despite being a win-win for greater inclusivity and business, much of the web is still inaccessible. WebAIM, a leader in web accessibility, studied a million web pages and found an average of over 55 accessibility errors per page.

  We must all play a more active role in improving the experience of our users with disabilities, and we can start with accessibility auditing and testing.

  An accessibility audit is an evaluation of how usable a site is for people with disabilities. It may be done in-house by an expert on a company’s team or, for better results, a third-party consultant who can give a fully objective audit.

  Auditing might consist of running an automated tool or manually checking your site, PDFs, emails and other materials for compliance with the Web Content Accessibility Guidelines list.

  Accessibility testing is narrower than auditing. It checks how accessibility or its absence looks in action. It can be done after a site, app, email or product is released, but it ideally starts in the development process.

  Testing should be done manually and with automated tools. Manual checks put developers in the position of their users, allowing them to get a better idea of what users are dealing with firsthand. Automated tools can save time and money, but there should always be manual testing in the process.

  Auditing gives teams an idea of where to start with improving accessibility, and testing helps make sure accommodations work as intended.

  Conclusion

  At Matomo, we strive to make the ethical web a reality, starting with web analytics.

  For our users, it means full compliance with stringent policies like GDPR and providing 100% accurate data. For their customers, it’s collecting only the data required to do the job and enabling cookieless configurations to get rid of annoying banners. 

  For both parties, it’s knowing that respect for privacy is one of our foundational values, whether it’s the ability to look under Matomo’s hood and read our open-source code, the option to store data on-premise to minimise the chances of it falling into the wrong hands or one of the other ways that we protect privacy.

  If you weren’t 100% ethical before, it’s never too late to change. You can even bring your Google Analytics data with you.

  Join us in our mission to improve the web. We can’t do it alone ! 

  Try Matomo free for 21 days

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• Data Privacy Regulations : Essential Knowledge for Global Business

  6 mars, par Daniel Crough

  If you run a website that collects visitors’ data, you might be violating privacy regulations somewhere in the world. At last count, over 160 countries have privacy laws — and your customers in those countries know about them.

  A recent survey found that 53% of people who answered know about privacy rules in their country and want to follow them. This is up from 46% two years ago. Furthermore, customers increasingly want to buy from businesses they can trust with their data.

  That’s why businesses must take data privacy seriously. In this article, we’ll first examine data privacy rules, why we need them, and how they are enforced worldwide. Finally, we’ll explore strategies to ensure compliance and tools that can help.

  What are data privacy regulations ?

  Let’s first consider data privacy. What is it ? The short answer is individuals’ ability to control their personal information. That’s why we need laws and rules to let people decide how their data is collected, used, and shared. Crucially, the laws empower individuals to withdraw permission to use their data anytime.

  The UNCTAD reports that only 13 countries had data protection laws or rules before the 2000s. Many existed before businesses could offer online services, so they needed updating. Today, 162 national laws protect data privacy, half of which emerged in the last decade.

  Why is this regulation necessary ?

  There are many reasons, but the impetus comes from consumers who want their governments to protect their data from exploitation. They understand that participating in the digital economy means sharing personal information like email addresses and telephone numbers, but they want to minimise the risks of doing so.

  Data privacy regulation is essential for :

  • Protecting personal information from exploitation with transparent rules and guidelines on handling it securely.
  • Implementing adequate security measures to prevent data breaches.
  • Enforcing accountability for how data is collected, stored and processed.
  • Giving consumers control over their data.
  • Controlling the flow of data across international borders in a way that fully complies with the regulations.
  • Penalising companies that violate privacy laws.

  Isn’t it just needless red tape ?

  Data breaches in recent years have been one of the biggest instigators of the increase in data privacy regulations. A list of the top ten data breaches illustrates the point.

  #	Company	Location	Year	# of Records	Data Type
  1	Yahoo	Global	2013	3B	user account information
  2	Aadhaar	India	2018	1.1B	citizens’ ID/biometric data
  2	Alibaba	China	2019	1.1B	users’ personal data
  4	LinkedIn	Global	2021	700M	users’ personal data
  5	Sina Weibo	China	2020	538M	users’ personal data
  6	Facebook	Global	2019	533M	users’ personal data
  7	Marriott Int’l	Global	2018	500M	customers’ personal data
  8	Yahoo	Global	2014	500M	user account information
  9	Adult Friend Finder	Global	2016	412.2M	user account information
  10	MySpace	USA	2013	360M	user account information

  And that’s just the tip of the iceberg. Between November 2005 and November 2015, the US-based Identity Theft Resource Center counted 5,754 data breaches that exposed 856,548,312 records, mainly in that country.

  It’s no wonder that citizens worldwide want organisations they share their personal data with to protect that data as if it were their own. More specifically, they want their governments to :

  • Protect their consumer rights
  • Prevent identity theft and other consumer fraud
  • Build trust between consumers and businesses
  • Improve cybersecurity measures
  • Promote ethical business practices
  • Uphold international standards

  Organisations using personal data in their operations want to minimise financial and reputational risk. That’s common sense, especially when external attacks cause 68% of data breaches.

  The terminology of data privacy

  With 162 national laws already in place, the legal space surrounding data privacy grows more complex every day. Michalsons has a list of different privacy laws and regulations in force in significant markets around the world.

  Fortunately, there’s plenty of commonality for two reasons : first, all countries want to solve the same problem ; second, those drafting the legislation have adopted much of what other countries have already developed. As a result, the terminology remains almost the same, even when the language changes.

  These are the core concepts at play :

  Term	Definition
  Access and control	Consumers can access, review, edit and delete their data
  Data protection	Organisations must protect data from being stolen or compromised
  Consumer consent	Consumers can grant and withdraw or refuse access to their data
  Deletion	Consumers can request to have their data erased
  Data breach	When the security of data has been compromised
  Data governance	The management of data within an organisation
  Double opt-in	Two-factor authentication to add a layer of confirmation
  GDPR	Governing data privacy in Europe since 2016
  Personally identifiable information (PII)	Data used to identify, locate, or contact an individual
  Pseudonymisation	Replace personal identifiers with artificial identifiers or pseudonyms
  Publicly available information	Data from official sources, without restrictions on access or use
  Rectification	Consumers can request to have errors in their data corrected

  Overview of current data privacy legislation

  Over three-quarters of the world has formulated and rolled out data privacy legislation — or is currently doing so. Here’s a breakdown of the laws and regulations you can expect to find in most significant markets worldwide.

  Europe

  Thoughts of protecting data privacy first occurred in Europe when the German government became concerned about automated data processing in 1970. A few years later, Sweden was the first country to enact a law requiring permits for processing personal data, establishing the first data protection authority.

  General Data Protection Regulation (GDPR)

  Sweden’s efforts triggered a succession of European laws and regulations that culminated in the European Union (EU) GDPR, enacted in 2016 and enforced from 25 May 2018. It’s a detailed and comprehensive privacy law that safeguards the personal data and privacy of EU citizens.

  The main objectives of GDPR are :

  • Strengthening the privacy rights of individuals by empowering them to control their data.
  • Establishing a uniform data framework for data privacy across the EU.
  • Improving transparency and accountability by mandating businesses to handle personal data responsibly and fully disclose how they use it.
  • Extending the regulation’s reach to organisations external to the EU that collect, store and process the data of EU residents.
  • Requiring organisations to conduct Protection Impact Assessments (PIAs) for “high-risk” projects.

  ePrivacy Regulation on Privacy and Electronic Communications (PECR)

  The second pillar of the EU’s strategy to regulate the personal data of its citizens is the ePrivacy Regulation on Privacy and Electronic Communications (EU PECR). Together with the GDPR, it will comprise data protection law in the union. This regulation applies to :

  • Providers of messaging services like WhatsApp, Facebook and Skype
  • Website owners
  • Owners of apps that have electronic communication components
  • Commercial direct marketers
  • Political parties sending promotional messages electronically
  • Telecommunications companies
  • ISPs and WiFi connection providers

  The EU PECR was intended to commence with GDPR on 25 May 2018. That didn’t happen, and as of January 2025, it was in the process of being redrafted.

  EU Data Act

  One class of data isn’t covered by GDPR or PECR : internet product-generated data. The EU Data Act provides the regulatory framework to govern this data, and it applies to manufacturers, suppliers, and users of IoT devices or related services.

  The intention is to facilitate data sharing, use, and reuse and to facilitate organisations’ switching to a different cloud service provider. The EU Data Act entered into force on 11 January 2024 and is applicable from September 2025.

  GDPR UK

  Before Brexit, the EU GDPR was in force in the UK. After Brexit in 2020, the UK opted to retain the regulations as UK GDPR but asserted independence to keep the framework under review. It’s part of a wider package of reform to the data protection environment that includes the Data Protection Act 2018 and the UK PECR.

  In the USA

  The primary federal law regarding data privacy in the US is the Privacy Act of 1974, which has been in revision for some time. However, rather than wait for the outcome of that process, many business sectors and states have implemented their own measures.

  Sector-specific data protection laws

  This sectoral approach to data protection relies on a combination of legislation, regulation and self-regulation rather than governmental control. Since the mid-1990s, the country has allowed the private sector to lead on data protection, resulting in ad hoc legislation arising when circumstances require it. Examples include the Video Privacy Protection Act of 1988, the Cable Television Protection and Competition Act of 1992 and the Fair Credit Reporting Act.

  

  California Consumer Privacy Act (CCPA)

  California was the first state to act when federal privacy law development stalled. In 2018, it enacted the California Consumer Privacy Act (CCPA) to protect and enforce Californians’ rights regarding the privacy of their personal information. It came into force in 2020.

  California Privacy Act (CPRA)

  In November of that same year, California voters approved the California Privacy Rights Act (CPRA). Billed as the strongest consumer privacy law ever enacted in the US, CPRA works with CCPA and adds the best elements of laws and regulations in other jurisdictions (Europe, Japan, Israel, New Zealand, Canada, etc.) into California’s personal data protection regime.

  Virginia Consumer Data Protection Act (CDPA)

  In March 2021, Virginia became the next US state to implement privacy legislation. The Virginia Consumer Data Protection Act (VCDPA), which is also informed by global legislative developments, tries to strike a balance between consumer privacy protections and business interests. It governs how businesses collect, use, and share consumer data.

  Colorado Privacy Act (CPA)

  Developed around the same time as VCDPA, the Colorado Privacy Act (CPA) was informed by that law and GDPR and CCPA. Signed into law in July 2021, the CPA gives Colorado residents more control over their data and establishes guidelines for businesses on handling the data.

  Other states generally

  Soon after, additional states followed suit and, similar to Colorado, examined existing legislation to inform the development of their own data privacy laws and regulations. At the time of writing, the states with data privacy laws at various stages of development were Connecticut, Florida, Indiana, Iowa, Montana, New York, Oregon, Tennessee, Texas, and Utah.

  By the time you read this article, more states may be doing it, and the efforts of some may have led to laws and regulations coming into force. If you’re already doing business or planning to do business in the US, you should do your own research on the home states of your customers.

  Globally

  Beyond Europe and the US, other countries are also implementing privacy regulations. Some were well ahead of the trend. For example, Chile’s Law on the Protection of Private Life was put on the books in 1999, while Mauritius enacted its first Data Protection Act in 2004 — a second one came along in 2017 to replace it.

  Canada

  The regulatory landscape around data privacy in Canada is as complicated as it is in the US. At a federal government level, there are two laws : The Privacy Act for public sector institutions and the Personal Information Protection and Electronic Documents Act (PIPEDA) for the private sector.

  PIPEDA is the one to consider here. Like all other data privacy policies, it provides a framework for organisations handling consumers’ personal data in Canada. Although not quite up to GDPR standard, there are moves afoot to close that gap.

  The Digital Charter Implementation Act, 2022 (aka Bill C-27) is proposed legislation introduced by federal agencies in June 2022. It’s intended to align Canada’s privacy framework with global standards, such as GDPR, and address emerging digital economy challenges. It may or may not have been finalised when you read this.

  At the provincial level, three of Canada’s provinces—Alberta, British Columbia, and Quebec—have introduced laws and regulations of their own. Their rationale was similar to that of Bill C-27, so they may become redundant if and when that bill passes.

  Japan

  Until recently, Japan’s Act on the Protection of Personal Information (APPI) was considered by many to be the most comprehensive data protection law in Asia. Initially introduced in 2003, it was significantly amended in 2020 to align with global privacy standards, such as GDPR.

  APPI sets out unambiguous rules for how businesses and organisations collect, use, and protect personal information. It also sets conditions for transferring the personal information of Japanese residents outside of Japan.

  

  China

  The new, at least for now, most comprehensive data privacy law in Asia is China’s Personal Information Protection Law (PIPL). It’s part of the country’s rapidly evolving data governance framework, alongside the Cybersecurity Law and the Data Security Law.

  PIPL came into effect in November 2021 and was informed by GDPR and Japan’s APPI, among others. The data protection regime establishes a framework for protecting personal information and imposes significant compliance obligations on businesses operating in China or targeting consumers in that country.

  Other countries

  Many other nations have already brought in legislation and regulations or are in the process of developing them. As mentioned earlier, there are 162 of them at this point, and they include :

  Argentina	Costa Rica	Paraguay
  Australia	Ecuador	Peru
  Bahrain	Hong Kong	Saudi Arabia
  Bermuda	Israel	Singapore
  Brazil	Mauritius	South Africa
  Chile	Mexico	UAE
  Colombia	New Zealand	Uruguay

  Observant readers might have noticed that only two countries in Africa are on that list. More than half of the 55 countries on the continent have or are working on data privacy legislation.

  It’s a complex landscape

  Building a globalised business model has become very complicated, with so much legislation already in play and more coming. What you must do depends on the countries you plan to operate in or target. And that’s before you consider the agreements groups of countries have entered into to ease the flow of personal data between them.

  In this regard, the EU-US relationship is instructive. When GDPR came into force in 2016, so did the EU-US Privacy Shield. However, about four years later, the Court of Justice of the European Union (CJEU) invalidated it. The court ruled that the Privacy Shield didn’t adequately protect personal data transferred from the EU to the US.

  The ruling was based on US laws that allow excessive government surveillance of personal data transferred to the US. The CJEU found that this conflicted with the basic rights of EU citizens under the European Union’s Charter of Fundamental Rights.

  A replacement was negotiated in a new mechanism : the EU-US Data Privacy Framework. However, legal challenges are expected, and its long-term viability is uncertain. The APEC Privacy Framework and the OECD Privacy Framework, both involving the US, also exist.

  

  Penalties for non-compliance

  Whichever way you look at it, consumer data privacy laws and regulations make sense. But what’s really interesting is that many of them have real teeth to punish offenders. GDPR is a great example. It was largely an EU concern until January 2022 when the French data protection regulator hit Google and Facebook with serious fines and criminal penalties.

  Google was fined €150M, and Facebook was told to pay €60M for failing to allow French users to reject cookie tracking technology easily. That started a tsunami of ever-larger fines.

  The largest so far was the €1.2B fine levied by the Irish Data Protection Commission on Meta, the owner of Instagram, Facebook, and WhatsApp. It was issued for transferring European users’ personal data to the US without adequate data protection mechanisms. This significant penalty demonstrated the serious financial implications of non-compliance.

  These penalties follow a structured approach rather than arbitrary determinations. The GDPR defines an unambiguous framework for fines. They can be up to 4% of a company’s total global turnover in the previous fiscal year. That’s a serious business threat.

  What should you do ?

  For businesses committed to long-term success, accepting and adapting to regulatory requirements is essential. Data privacy regulations and protection impact assessments are here to stay, with many national governments implementing similar frameworks.

  However, there is some good news. As you’ve seen, many of these laws and regulations were informed by GDPR or retrospectively aligned. That’s a good place to start. Choose tools to handle your customer’s data that are natively GDPR-compliant.

  For example, web analytics is all about data, and a lot of that data is personal. And if, like many people, you use Google Analytics 4, you’re already in trouble because it’s not GDPR-compliant by default. And achieving compliance requires significant additional configuration.

  A better option would be to choose a web analytics platform that is compliant with GDPR right off the bat. Something like Matomo would do the trick. Then, complying with any of the tweaks individual countries have made to the basic GDPR framework will be a lot easier—and may even be handled for you.

  Privacy-centric data strategies

  Effective website data analysis is essential for business success. It enables organisations to understand customer needs and improve service delivery.

  But that data doesn’t necessarily need to be tied to their identity — and that’s at the root of many of these regulations.

  It’s not to stop companies from collecting data but to encourage and enforce responsible and ethical handling of that data. Without an official privacy policy or ethical data collection practices, the temptation for some to use and abuse that data for financial gain seems too great to resist.

  

  Cookie usage and compliance

  There was a time when cookies were the only way to collect reliable information about your customers and prospects. But under GDPR, and in many countries that based or aligned their laws with GDPR, businesses have to give users an easy way to opt out of all tracking, particularly tracking cookies.

  So, how do you collect the information you need without cookies ? Easy. You use a web analytics platform that doesn’t depend wholly on cookies. For example, in certain countries and when configured for maximum privacy, Matomo allows for cookieless operation. It can also help you manage the cookie consent requirements of various data privacy regulations.

  Choose the right tools

  Data privacy regulations have become a permanent feature of the global business landscape. As digital commerce continues to expand, these regulatory frameworks will only become more established. Fortunately, there is a practical approach forward.

  As mentioned several times, GDPR is considered by many countries to be a particularly good example of effective data privacy regulation. For that reason, many of them model their own legislation on the EU’s effort, making a few tweaks here and there to satisfy local requirements or anomalies.

  As a result, if you comply with GDPR, the chances are that you’ll also comply with many of the other data privacy regulations discussed here. That also means that you can select tools for your data harvesting and analytics that comply with the GDPR out of the box, so to speak. Tools like Matomo.

  Matomo lets website visitors retain full control over their data.

  Before deciding whether to go with Matomo On-premise or the EU-hosted cloud version, why not start your 21-day free trial ? No credit card required.