by Danielle Bingham | October 25, 2024

What is Data Compliance, Why is It So Important & What are Its Regulations?

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Every day, businesses generate 2.5 quintillion bytes of data—a staggering amount that’s only growing as companies become more digital and interconnected. With this explosion of data comes an equally growing responsibility: Protecting sensitive information by thorough compliance with strict legal and industry standards.

Managing and protecting data according to regulatory requirements is a critical task for any organization that handles personal information—customers, employees, patients, and more. Failing to meet compliance standards can result in severe consequences, including hefty fines, legal actions, and a damaged reputation.

The benefits of prioritizing data compliance go beyond just avoiding the penalties. It reinforces trust in your processes and underscores your reputation as a responsible steward of data.

This article explores the details of what data compliance is, why it’s an essential part of business operations, and how balance the challenges of data expansion and constantly changing regulations.

What is data compliance?

Data compliance consists of the multiple processes that ensure an organization's data handling practices meet established legal, regulatory, and industry-specific standards. These regulations are intended to protect sensitive data, including personal, financial, and healthcare information, from unauthorized access, breaches, and misuse. In simple terms, data compliance ensures that businesses manage and process data responsibly and transparently, as required by law.

Data compliance vs. data protection vs. data security

Though closely related and connected to each other, each term describes a distinct focus:

  • Data security consists of the tools, technologies, and strategies used to protect data from breaches and cyber threats. This includes firewalls, encryption, and monitoring systems.
  • Data protection encompasses the procedures necessary to maintain the privacy and integrity of personal data so that it’s used appropriately.
  • Data compliance goes a step further—it specifies the external mandates or laws (like GDPR or CCPA) that companies must follow and holds them accountable for adhering to rules around data collection, storage, and processing.

Types of data compliance across industries

Data compliance requirements vary across industries, as each sector handles different types of sensitive information and is subject to specific regulations:

Financial sector

Financial data from banks, insurance agencies, and investment firms, among others is strictly regulated to protect consumer information and prevent fraud. Major regulations include the Gramm-Leach-Bliley Act (GLBA), which mandates the protection of customers' financial information, and Sarbanes-Oxley Act (SOX), which requires accurate financial reporting and data transparency.

Healthcare

Patient data is highly sensitive, and could include medical records, insurance information, genetic data, prescriptions, and test results, among other information. This makes compliance with regulations like the Health Insurance Portability and Accountability Act (HIPAA) especially important. HIPAA and similar rules set rigid guidelines for the handling, storage, and sharing of patient data, ensuring privacy and security.

E-commerce and retail

The typical customer completes at least two transactions per day. That seems a modest number, but from a global standpoint, it’s massive. In 2022, e-commerce sales, including the purchase of goods, food delivery, bill payments, etc. reached US $5.5 trillion. The Payment Card Industry Data Security Standard (PCI DSS) governs how businesses must secure credit card information to prevent fraud and breaches.

Marketing

If you have an internet connection (and if you’re reading this, you definitely do), chances are good that you’ve seen plenty of advertisements. Compliance in marketing revolves around the protection of consumer privacy and ensuring consent. Regulations such as the General Data Protection Regulation (GDPR) in the EU and the California Consumer Privacy Act (CCPA) in the U.S. require businesses to obtain consent before collecting personal data and provide consumers with the right to access and delete their data.

Government agencies

Government entities—from the Federal Aviation Administration to your local elementary school—are tasked with safeguarding a wide range of sensitive data, from national security to your kid’s grades. Compliance frameworks like the Federal Risk and Authorization Management Program (FedRAMP) set strict standards for government data security, particularly in cloud-based systems.

Why is data compliance so important?

Data compliance is more than just a legal obligation—it's a critical factor in ensuring a business's long-term success and reputation. Failing to comply with regulations can lead to severe financial and legal consequences, while also jeopardizing the trust of customers and stakeholders. Regulatory compliance goes beyond ensuring accurate, high-quality data (although you can’t be compliant without it). Keeping your data clean, updated, and properly monitored is just the start.

Avoiding legal penalties and fines

Financial penalties for non-compliance can cripple an organization—or bankrupt it out of existence. Fines for avoidable data breaches and compliance violations can range from thousands to multiple millions of dollars—with some recent cases exceeding one billion dollars—depending on the size of the organization and the severity of the breach. For larger corporations, penalties are calculated as a percentage of global annual revenue. In addition to taking a deep cut from the bottom line, fines can also disrupt operations as they require resources to fix the underlying compliance issues.

Preserving customer trust

Consumers are increasingly aware of their digital rights, and companies that fail to protect customer information face reputational damage that would be hard to overcome. A single data breach that could have been avoided risks loss of customer trust, which is reflected in reduced sales, negative publicity, and potential long-term damage to the brand. Customers trust companies that prioritize data privacy and security. Trustworthy organizations attract and keep loyal customers, solidifying the brand.

Enhancing business security and risk management

Beyond avoiding fines and reputational injury, data compliance strengthens overall business security. Regulations often require companies to enact and maintain strong data protection measures, including encryption, regular audits, and breach notification protocols. While meeting compliance, these actions also reduce the risk of cyberattacks and data breaches, which could be catastrophic. A proactive approach also improves risk management, as businesses must continually assess vulnerabilities and adapt to emerging threats.

Key data compliance regulations

Businesses must navigate a complex landscape of data compliance regulations. This is especially true for companies with a global footprint, as they must follow laws in multiple countries. No matter where they are, most regulatory bodies are similar in that they have rules for collecting, storing, and processing personal data. Below are some key regulations with the broadest scope. As mentioned earlier, the wider the corporate footprint and customer base, the more regulations that apply:

General Data Protection Regulation (GDPR) – EU

The GDPR is among the broadest and most stringent data protection regulations in force today. It applies to any company processing the personal data of EU citizens—even if the company has no operations in the EU. It mandates obtaining user consent, providing data access, and ensuring secure handling. Non-compliance can result in fines up to 4% of the company’s global annual revenue or €20 million, whichever is higher.

California Consumer Privacy Act (CCPA) – U.S.

The CCPA gives California residents the right to know how their data is used, request deletion, and opt out of data sales. The CCPA’s reach goes beyond the state’s borders and includes any company that targets California residents. Companies must provide transparent privacy policies and handle data accordingly. Fines for violations can reach $7,500 per intentional violation.

Health Insurance Portability and Accountability Act (HIPAA) – U.S. Healthcare

HIPAA regulates the handling of patient data in the U.S. healthcare sector. It requires covered entities (e.g., hospitals, insurance providers) to implement safeguards like encryption and access controls to protect sensitive medical information. HIPAA penalties can range from $100 to $50,000 per violation depending on whether the breach was intentional or due to neglect.

Sarbanes-Oxley Act (SOX) – U.S. Financial Sector

SOX regulates companies in the financial sector to keep accurate financial reporting and protect sensitive data. It requires strict internal controls and audits to prevent fraud and protect investor information. The penalties for non-compliance here are severe. Fines of up to $5 million, civil penalties, and even prison are potential consequences.

Payment Card Industry Data Security Standard (PCI DSS) – Global

This standard applies to companies handling credit card information and establishes strict guidelines for securing payment data. PCI DSS mandates encryption, regular vulnerability assessments, and breach reporting. Fines typically range from $5,000 to $100,000 per month until the company meets compliance.

Federal Risk and Authorization Management Program (FedRAMP) – U.S. Government

FedRAMP is a compliance framework for cloud service providers working with U.S. federal agencies. It requires strict security assessments and continuous monitoring to protect government data. FedRAMP penalties include the potential loss of government contracts or delays in approvals or renewals for services, which can paralyze companies that rely on government contracts.

Data compliance and data security

As we mentioned earlier, data compliance and data security are deeply connected and intricately intertwined, but they are not the same. Data compliance is about following the rules set by external regulations on how data should be collected, stored, and used. Data security is focused on actually doing the work—using things like encryption, firewalls, and access controls to keep it safe from breaches or theft. They work hand-in-hand: compliance tells you what you need to do; security is how you do it.

However, these two areas overlap quite a bit. Compliance standards often include specific security measures, such as encryption, access controls, and incident response plans, which are critical to supporting both security and compliance.

Maintaining both compliance and security often means addressing both simultaneously. Businesses should conduct regular audits to ensure they are adapting to evolving regulations and potential vulnerabilities. Ensure that encryption, access controls, and monitoring protocols are updated to protect sensitive data. Train employees on best practices and update procedures to ensure systems meet the latest requirements. These efforts together will ensure compliance and help protect against breaches and cyberattacks.

Ensuring data compliance

Regulatory compliance needs a proactive, ongoing approach. Below are key steps businesses should take to maintain compliance and minimize risk:

Understand the regulations: Familiarize yourself with the relevant data regulations and/or industry-specific rules and ensure your teams stay informed with the latest information. Each regulation has unique requirements for data handling, storage, and access, which are subject to change.

Implement controls and training: A good data governance policy includes regulation compliance strategies. Establish clear and specific rules and procedures for handling data. Train employees with the latest updates on compliance best practices, including data access protocols and breach response measures. Invest in the right tools to make compliance easier.

Create data security policies: Develop comprehensive data security policies that include encryption, access controls, and data retention plans to protect sensitive information.

Conduct regular data audits: Regular reviews and evaluations help ensure your business is staying compliant. Comprehensive audits can identify potential vulnerabilities and ensure that data protection measures are up to date.

Develop data security plans: Have an official plan in place for protecting data. This includes defining procedures for data access, backup, and breach response. And make sure they are being followed.

Monitor and adapt to changing regulations: Data laws evolve, and so should your compliance strategy. Stay updated on changes to ensure your business remains compliant. Don’t wait for new rules to go into effect; be proactive in your updates so you don’t fall out of compliance.

Implement data governance frameworks: A strong data governance framework will ensure proper data management, from collection to deletion. It provides structure and oversight to meet both compliance and operational needs.

Meet regulatory compliance with CData Virtuality

CData Virtuality allows you to enforce and adapt to data governance policies in real time, ensuring compliance with evolving regulations. It integrates seamlessly with existing systems—on-premises or in the cloud—to provide continuous monitoring and adaptable governance solutions. CData makes it easy to stay compliant while managing the growing demands of modern data management.

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