Regulatory Compliance List

Industry Regulatory Compliance

Table of Contents

05-25-2018 - General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a comprehensive data privacy and protection regulation that became effective on May 25, 2018, in the European Union (EU) and the European Economic Area (EEA). The GDPR aims to harmonize data protection laws across EU member states and give individuals greater control over their personal data while also imposing significant obligations on organizations that collect, process, and handle personal data.

Key aspects of the General Data Protection Regulation (GDPR) include:

1. Personal Data Definition and Scope:

  • The GDPR defines "personal data" broadly to include any information that can be used to identify an individual, directly or indirectly.
  • The regulation applies to organizations that process personal data of individuals within the EU/EEA, regardless of where the processing takes place.

2. Principles of Data Processing:

  • The GDPR outlines fundamental principles for processing personal data, including lawful, fair, and transparent processing, purpose limitation, data minimization, accuracy, storage limitation, integrity, and confidentiality.

3. Lawful Basis for Processing:

  • Organizations must have a valid legal basis for processing personal data, such as consent, contract performance, legal obligation, vital interests, public task, or legitimate interests.

4. Individual Rights:

  • GDPR grants individuals several rights, including the right to access their personal data, rectify inaccuracies, erase data (right to be forgotten), restrict processing, data portability, and object to processing for certain purposes.

5. Consent Requirements:

  • Consent must be freely given, specific, informed, and unambiguous. Organizations must make it easy for individuals to withdraw consent.

6. Data Protection Officer (DPO):

  • Some organizations are required to appoint a Data Protection Officer (DPO) who is responsible for overseeing data protection activities and ensuring compliance.

7. Data Breach Notification:

  • Organizations must report certain types of data breaches to relevant authorities within 72 hours and, in some cases, notify affected individuals.

8. Cross-Border Data Transfers:

  • The GDPR restricts the transfer of personal data outside the EU/EEA to countries without adequate data protection unless appropriate safeguards are in place.

9. Accountability and Record-Keeping:

  • Organizations must demonstrate compliance by maintaining detailed records of data processing activities and conducting data protection impact assessments (DPIAs) for high-risk processing.

10. Penalties and Enforcement:

  • Non-compliance with the GDPR can result in substantial fines, which can be up to €20 million or 4% of the company's global annual revenue, whichever is higher.

The GDPR represents a significant shift in how personal data is handled, emphasizing transparency, accountability, and the protection of individual rights. Organizations subject to the GDPR are required to implement robust data protection measures, engage in privacy impact assessments, and adopt practices that respect individuals' privacy rights.

If your organization processes personal data of individuals in the EU/EEA, it's essential to ensure GDPR compliance by reviewing and adapting your data processing practices, policies, and procedures. Consulting with legal and regulatory experts is advisable to navigate the complexities of the regulation and maintain compliance.

08-21-1996 - Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) is a U.S. federal law enacted in 1996 that focuses on privacy and security standards for protecting individuals' medical information and ensuring the portability of health insurance coverage. HIPAA consists of two main components: the Privacy Rule and the Security Rule.

Key aspects of the Health Insurance Portability and Accountability Act (HIPAA) include:

1. Privacy Rule:

  • The Privacy Rule establishes national standards for the protection of individuals' medical records and other personal health information, known as protected health information (PHI).
  • Covered entities, such as healthcare providers, health plans, and healthcare clearinghouses, are required to implement policies and safeguards to protect the privacy of PHI and to provide individuals with certain rights regarding their health information.

2. Security Rule:

  • The Security Rule focuses on the technical and administrative safeguards that covered entities and their business associates must implement to ensure the confidentiality, integrity, and availability of electronic PHI (ePHI).
  • It requires the implementation of security measures such as access controls, encryption, audit controls, risk assessments, and employee training.

3. Breach Notification Rule:

  • The Breach Notification Rule requires covered entities to notify affected individuals, the U.S. Department of Health and Human Services (HHS), and, in some cases, the media, in the event of a breach of unsecured PHI.

4. Enforcement:

  • The Office for Civil Rights (OCR) within the HHS is responsible for enforcing HIPAA regulations.
  • Non-compliance with HIPAA can lead to civil and criminal penalties, including fines.

5. Business Associates:

  • HIPAA regulations also extend to business associates, which are entities that perform functions involving the use or disclosure of PHI on behalf of covered entities. Business associates are subject to certain HIPAA requirements.

6. HITECH Act:

  • The Health Information Technology for Economic and Clinical Health (HITECH) Act, passed in 2009, introduced additional provisions and penalties related to HIPAA, including requirements for breach notification and enhanced enforcement.

HIPAA is crucial for safeguarding the privacy and security of individuals' health information and maintaining the trust of patients in the healthcare system. Covered entities and business associates must implement comprehensive policies, procedures, and safeguards to ensure compliance with HIPAA's privacy and security requirements.

If you are a covered entity, a business associate, or involved in the healthcare industry, it's important to understand your responsibilities under HIPAA, implement necessary measures to protect PHI and ePHI, and stay informed about updates to the regulations and enforcement practices. Consulting with legal and regulatory experts can help ensure proper compliance with HIPAA requirements.

12-15-2004 - Payment Card Industry Data Security Standard (PCI DSS)

The Payment Card Industry Data Security Standard (PCI DSS) is a set of security standards designed to ensure the protection of payment card data and enhance the security of payment card transactions. PCI DSS was developed by major credit card companies, including Visa, MasterCard, American Express, Discover, and JCB, to establish consistent security measures and practices for organizations that handle payment card information.

PCI DSS consists of a set of requirements and security controls that organizations must follow to secure payment card data. The standard is divided into six main goals, each of which includes specific requirements:

1. Build and Maintain a Secure Network and Systems:

  • Install and maintain firewalls to protect cardholder data.
  • Avoid using vendor-supplied defaults for system passwords and other security parameters.

2. Protect Cardholder Data:

  • Encrypt cardholder data during transmission and storage.
  • Implement access controls to limit access to cardholder data.

3. Maintain a Vulnerability Management Program:

  • Use and regularly update anti-virus software.
  • Develop and maintain secure systems and applications.

4. Implement Strong Access Control Measures:

  • Restrict access to cardholder data on a "need-to-know" basis.
  • Assign a unique ID to each person with computer access.

5. Regularly Monitor and Test Networks:

  • Track and monitor access to network resources and cardholder data.
  • Regularly test security systems and processes.

6. Maintain an Information Security Policy:

  • Establish and maintain a security policy that addresses the protection of cardholder data.

Compliance with PCI DSS is essential for any organization that handles payment card data, including merchants, service providers, and other entities involved in payment card transactions. Achieving and maintaining PCI DSS compliance helps reduce the risk of data breaches and fraud, protects consumers' sensitive information, and maintains trust in payment card systems.

Organizations that process payment card transactions are subject to regular assessments to validate their compliance with PCI DSS. Depending on the organization's level of card transaction volume, these assessments may include Self-Assessment Questionnaires (SAQs) or on-site audits conducted by Qualified Security Assessors (QSAs).

00-00-0000 - Federal Risk and Authorization Management Program (FedRAMP)

FedRAMP is a U.S. government program that standardizes the security assessment, authorization, and continuous monitoring of cloud products and services. It often requires data backup and recovery capabilities.

00-00-0000 - Sarbanes-Oxley Act (SOX)

SOX applies to publicly traded companies in the United States and mandates strict financial reporting and internal control measures. Data backup and retention are essential to ensure the accuracy and integrity of financial records.

00-00-0000 - Financial Industry Regulatory Authority (FINRA)

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00-00-0000 - Federal Information Security Management Act (FISMA)

These rules apply to broker-dealers and other financial firms in the United States. Data backup and retention are required to ensure compliance with record-keeping and reporting requirements.

00-00-0000 - Canadian Personal Information Protection and Electronic Documents Act (PIPEDA)

PIPEDA governs the collection, use, and disclosure of personal information by private sector organizations in Canada. It emphasizes the importance of data protection, including backup and recovery.

00-00-0000 - Australian Privacy Principles (APPs)

APPs regulate the handling of personal information by Australian government agencies and private sector organizations. Adequate data protection measures, including backups, are necessary for compliance.

00-00-0000 - Data Protection Laws in Various Countries

Many countries have their own data protection laws and regulations that require organizations to ensure the security and integrity of personal and sensitive data. These laws often necessitate data backup and recovery capabilities.

00-00-0000 - California Consumer Privacy Act (CCPA)

Is a comprehensive data privacy law that went into effect on January 1, 2020, aimed at enhancing privacy rights and consumer protection for residents of California, United States. The CCPA grants California consumers certain rights over their personal information and imposes obligations on businesses that collect, process, or sell personal information.

00-00-0000 - California Privacy Rights Act (CPRA)

Is an expansion and enhancement of the California Consumer Privacy Act (CCPA), which was passed by California voters in November 2020 through a ballot initiative. The CPRA amends and augments the CCPA with additional privacy protections and rights for California consumers. It introduces several changes to the existing privacy framework, further strengthening data privacy and security for residents of California.

00-00-0000 - Gramm-Leach-Bliley Act (GLBA)

Also known as the Financial Services Modernization Act of 1999, is a U.S. federal law that addresses the privacy and security of consumer financial information. The GLBA applies to financial institutions, including banks, credit unions, insurance companies, securities firms, and other entities that offer financial products or services to consumers. The primary focus of the GLBA is to ensure the protection of nonpublic personal information (NPI) and to promote consumer privacy.

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