So when does the RGPD apply to a covered company, a business partner or a subcontractor based in the United States? As for HIPAA, the devil is in the definitions, so I activated some terms of the RGPD below. The RGPD consists of 99 articles, included in 11 chapters, and 173 “recitals” explain the reasons for its adoption. Just as regulatory preambles and guidelines issued by the U.S. Department of Health and Human Services (HHS) can be useful in understanding HIPAA compliance, the recitals provide an overview of the applicability and scope of the RGPD. Finally, subcontractors can only process personal data on the instruction of the processing manager. In addition, when they process the data, they are treated at this stage as responsible data and are responsible for the performance of the obligations and commitments of the RGPD officials (not to mention the fact that they are not only in breach of their processing agreement). This is paragraph 2, which is most likely to register non-EU-based companies, counterparties and subcontractors that are registered in the United States and are based in the United States (although recital 22 provides details on what it means to process data in the course of a company`s activities). Processing managers, like seized companies, are ultimately responsible and responsible for data protection. As a result, processors must enter into data processing agreements (DPAs) with processor partners; similarly, covered companies must enter into force under HIPAA (BAA) counterparty agreements with counterparties.
The RGPD is more prescriptive about what should be included in a DPA, which is urgently needed in the United States but is lacking in HIPAA rules. The normative nature of data protection authorities ensures additional protection and transparency vis-à-vis the wild west of the BAA in the United States. One of the things that the RGPD requires, with a few rare exceptions, in data protection authorities, is that the data is destroyed as soon as the relationship between controller and processor ends; this limits the ability of subcontractors to aggregate and retain personal data for future use. And like the U.S. and hipaa after the omnibus rule was adopted, processors under the RGPD must have similar data protection authorities with their own processor partners. The HIPAA Regulation sets standards for the exchange ofPHI between covered companies and counterparties. A covered business is a health care provider, for example. B a doctor, and includes insurance companies and clearing houses in the health sector. Covered businesses are present to the full extent of the regulation and must ensure that anyPHI they have created or stored remains private and safe.