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GDPR & PRIVACY FOR U.S. SITES

As the world becomes increasingly connected through the internet, the protection of personal data has become a crucial issue for website owners. The General Data Protection Regulation (GDPR), which took effect on May 25, 2018, is a set of regulations designed to protect the personal data of individuals in the European Union (EU).


Under GDPR, website owners must obtain explicit consent from individuals before collecting their personal data, and must provide a clear and concise explanation of how their data will be used. Website owners are also required to have a legal basis for collecting and processing personal data, and must be able to demonstrate that they have taken appropriate measures to protect that data.


In addition to these requirements, GDPR also gives individuals the right to access, rectify, erase, restrict, or object to the processing of their personal data. They also have the right to data portability, which allows them to request a copy of their data in a commonly used format, and the right to withdraw their consent at any time.


If a website owner fails to comply with GDPR, they may be subject to fines of up to 4% of their annual global revenue or €20 million (whichever is greater).


While GDPR only applies to individuals in the EU, it has implications for website owners around the world. If a website owner collects or processes the personal data of individuals in the EU, they are subject to GDPR, regardless of where they are located. This means that even U.S. website owners may need to comply with GDPR if they have European visitors to their site.


Privacy issues are not limited to GDPR, however. In the U.S., website owners are subject to a patchwork of state and federal laws governing the collection and use of personal data. The Children’s Online Privacy Protection Act (COPPA) regulates the collection of personal data from children under the age of 13, and the Health Insurance Portability and Accountability Act (HIPAA) regulates the collection and use of personal health data.


In addition to these laws, website owners may also be subject to industry-specific regulations, such as the Payment Card Industry Data Security Standard (PCI DSS) for those handling credit card transactions.


To ensure compliance with these various laws and regulations, website owners should implement a robust privacy policy and consider implementing measures such as encrypted data transmission and secure servers. They should also consider seeking the guidance of a legal professional with expertise in privacy law.


Privacy issues are an increasingly important concern for website owners around the world, and it’s crucial for them to understand their obligations and take appropriate measures to protect the personal data of their users. By staying informed and taking the necessary steps to comply with relevant laws and regulations, website owners can help ensure the privacy and security of their users’ personal data.


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