August 11, 2025
4 min read
How are GDPR and CCPA different?
| Aspect | GDPR (General Data Protection Regulation) | CCPA (California Consumer Privacy Act) |
|---|---|---|
| Geographic Scope | EU residents (regardless of company location) | California residents (regardless of company location) |
| Legal Basis | Requires legal basis for data processing | No legal basis required for data collection |
| Business Applicability | All businesses meeting legal basis | Businesses with >$25M annual revenue, or other criteria |
| Consumer Rights | Access, correct, erase, restrict, object, portability | Access, delete, opt-out of sale, non-discrimination |
| Sensitive Data | Specific: includes genetic/biometric data | General: “personal information” umbrella |
| Fines/Enforcement | Up to €20 million or 4% global turnover | Up to $7,500 per violation, civil litigation possible |
| Children’s Data | Parental consent under 16 | Parental consent under 13 |
| Sale of Data | No explicit “sale” provision, but covers transfers | Right to opt-out of sale of personal information |
GDPR and CCPA represent two significant frameworks in data privacy legislation, but they differ fundamentally in scope, requirements, and enforcement. These distinctions shape compliance strategies for businesses operating internationally or within the United States.
GDPR mandates that companies have a clear legal basis before processing any personal data of EU residents. The regulation identifies six lawful bases for processing such as consent, contract necessity, or legitimate interests. In contrast, CCPA does not require a legal basis before collecting or processing personal information. This creates a higher threshold for compliance under GDPR, particularly for organizations handling sensitive categories of data.
CCPA only applies to certain businesses: those with annual gross revenues above $25 million, those buying/selling the personal information of 50,000 or more consumers/households/devices, or deriving at least 50% of annual revenue from selling consumer personal information. GDPR applies to any organization (regardless of size) that processes personal data of EU residents if they meet the legal basis requirement.
Consumer rights under both laws are robust but different in emphasis. GDPR grants individuals rights including access, rectification, erasure (“right to be forgotten”), restriction of processing, data portability, and objection to processing. CCPA provides rights such as knowing what information is collected and sold, deletion (with exceptions), opting out of the sale of personal information, and protection from discrimination when exercising these rights. As CCPA states:
“A business may not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title.”
Regarding sensitive data, GDPR is more specific. It defines and regulates special categories such as “genetic data,” “biometric data,” and “health data.” Processing these types of data requires explicit consent or another specific legal basis. CCPA uses a broader term—“personal information”—which covers a wide range of identifiers but does not single out genetic or biometric data with the same clarity.
Enforcement and penalties differ significantly. GDPR violations can result in fines up to €20 million or 4% of global turnover (whichever is higher). Recent enforcement actions suggest that regulators are willing to impose substantial penalties for serious breaches. While CCPA statutory fines are lower (up to $7,500 per intentional violation), it uniquely enables consumers to bring civil lawsuits over certain breaches—potentially leading to significant settlements or class action costs.
Children’s data receives extra protection in both laws, but with different age thresholds: GDPR generally requires parental consent for processing data of those under 16 (member states can lower this to 13), while CCPA requires parental consent for “selling” the data of children under 13.
A key distinction is the concept of “sale” in CCPA, which gives consumers the right to direct businesses not to sell their personal information. GDPR does not use this terminology but regulates all forms of data sharing and transfer between organizations.
In summary, while there are similarities—such as the focus on transparency and individual rights—GDPR is generally broader in application and stricter in requirements, especially regarding legal basis and sensitive data protections. CCPA, while narrower in scope and applicability, introduces unique concepts like the right to opt out of data sale and protection from discrimination when exercising privacy rights. Organizations subject to both laws must carefully analyze compliance obligations, recognizing that fulfillment under one does not guarantee compliance under the other. As privacy regulations continue to evolve, understanding these core differences is crucial for risk management and building consumer trust.
