Most SaaS and e-commerce sites need both. They share ~60% of the data-subject-rights surface but diverge sharply on legal basis (opt-in vs opt-out), enforcement scope, and fine structure. Below is the side-by-side every privacy program lead needs — plus a free clause-by-clause audit for each.
If you already implement these for one framework, ~60% of the work for the other is already done.
Do you have ANY users physically in the EU/EEA/UK?
→ GDPREven one EU user triggers GDPR. Monitoring (analytics/cookies) on EU visitors counts even with no payment.
Do you meet $25M revenue OR have data on 100K CA consumers/households?
→ CCPA / CPRACCPA thresholds are low. Most VC-backed SaaS, mid-market e-commerce, and B2B with CA contracts qualify.
Do you sell to both US and EU customers?
→ GDPR + CCPA / CPRAStandard for most SaaS. A unified policy with a California-specific section is the dominant pattern.
Do you serve only B2B in a single non-EU country?
→ CCPA / CPRAIf any contracts touch California or you collect employee PI in CA, CCPA still applies as of CPRA.
GDPR requires opt-in; CCPA requires opt-out. A GDPR cookie banner doesn't satisfy CCPA's 'Do Not Sell or Share' link or GPC signal honoring. Sephora paid $1.2M for exactly this gap.
Both laws require enumerated categories, sources, recipients, and rights. A bullet list with 'see policy' fails. Each section must be substantive and current.
Use the EU-US Data Privacy Framework (effective July 2023) or Standard Contractual Clauses 2021. Anything citing Privacy Shield invalidates the entire transfer clause.
No. GDPR is opt-in; CCPA is opt-out with specific link + GPC requirements. You'll need a CCPA-specific section covering categories of PI, the 'Do Not Sell or Share' link, and Global Privacy Control honoring. Most SaaS run a unified policy with a dedicated California section.
Per-violation, GDPR is higher: up to €20M or 4% of global turnover. CCPA caps at $7,500 per intentional violation BUT includes a private right of action with statutory damages of $100–$750 per consumer per breach incident — which often dwarfs CCPA's regulatory fines in class-action settlements.
Not explicitly required by GDPR, but the EU's e-Privacy Directive + Art. 21 right to object align with the same outcome. Honoring GPC is best practice across both regimes and reduces enforcement risk.
Paste your current policy and get a clause-by-clause grade against either framework in 20 seconds. No signup. 3 audits/day.