Blog
HIPAA vs. GDPR compliance: what’s the difference?
HIPAA and GDPR are leading frameworks that protect the privacy of individuals. Learn the difference between the two
Robb Taylor-Hiscock
Privacy Content Lead, CIPP/E, CIPM
September 21, 2022
While HIPAA and GDPR both oversee how personal information is used, they maintain entirely different scopes.
HIPAA is focused on healthcare organizations and how personal health information is used in the US. GDPR, on the other hand, is a broader legislation that supervises any organization handling personally identifiable information of an EU or UK citizen.
We compare the two frameworks in more detail below, including the similarities and differences that set HIPAA and GDPR apart.
What is HIPAA?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a US law that limits the use of protected health information (PHI) by healthcare organizations, which it refers to as covered entities.
A covered entity can be any of the following:
- Health plans: Includes health insurance companies, company health plans, etc.
- Healthcare clearinghouses: Any entity that processes nonstandard health information received from another entity into a standard format
- Healthcare providers: Includes doctors, dentists, clinics, pharmacies, etc.
HIPAA defines PHI as any information that qualifies as a personal identifier. For example, billing information, insurance accounts, medical histories, mental health conditions, or laboratory results.
While HIPAA doesn’t have a certifying body or official certification, it’s enforced by the US Department of Health and Human Services’ Office for Civil Rights (OCR).
Cases of non-compliance or violations can result in fines and penalties, as well as a damaged reputation.
Who needs to be HIPAA compliant
Any covered entity or business associate of a covered entity is legally required to be HIPAA compliant. The process involves performing routine technical and nontechnical evaluations to ensure compliance against HIPAA’s three main rules:
- Privacy rule
- Security rule
- Breach notification rule
What is GDPR?
The General Data Protection Regulation, or GDPR, became law on May 25, 2018, and exists as one of the most stringent data privacy and security laws around the world.
It applies to all organizations targeting or collecting personally identifiable information (PII) of people in the UK or the EU, regardless of whether they physically operate within those jurisdictions. The data is referred to as personally identifiable information (PII) and includes anything that can be used to clearly identify a person.
Under the GDPR, organizations are required to safeguard and provide documentation of the protocols used to protect PII. The documented steps should cover the following:
- Consent: Whenever an individual’s data is used for a new purpose, organizations are required to send them a new request for consent. The GDPR prohibits the use of confusing terms and conditions when it comes to consent, and requires the process to withdraw consent to be just as easy as it is to give consent.
- Breach notifications: Organizations have 72 hours to notify all data subjects of a security breach, either by email, phone, or through a public announcement.
- Right to access: Organizations must be transparent with UK and EU citizens about how their PII is used.
- Right to be forgotten: Unless there is a legal reason for retaining the information, organizations must delete PII immediately upon an individual request and cease further distribution of that data.
- Privacy by design: Organizations are only allowed to process information essential to the completion of their business.
- Data protection officers: Organizations must appoint a data protection officer (DPO) to oversee the implementation of the GDPR. This individual protects personal data from misuse, unauthorized access, and other security breaches.
Regardless of size, an organization must appoint a DPO if:
- It is a public authority or body
- Its core activities consist of data processing operations that require regular and systematic monitoring of data subjects on a large scale
- Its core activities consist of large-scale processing of special categories of data and/or personal data relating to criminal convictions and offenses
Who needs to be GDPR compliant
If you handle PII of individuals in the UK and EU, you are legally required to comply with the GDPR. Failure to do so could result in hefty fines up to €20 million or 4% of your worldwide annual revenue.
Timelines for GDPR implementation vary between processors, controllers, and company structure, but typically take anywhere from six to 36 weeks.
Once implemented, an internal GDPR assessment must be completed periodically for organizations to demonstrate their continued compliance. An organization can also apply for an optional certification.
Differences between HIPAA vs. GDPR compliance
The most apparent difference between HIPAA vs. GDPR is the jurisdiction and industry in which each law applies. Here are three other differences between HIPAA and GDPR:
- Consent: HIPAA permits some degree of PHI disclosure without patient consent. For example, healthcare providers can send PHI to another provider for treatment purposes. In some circumstances, a healthcare provider can disclose PHI to other providers or business associates without patient consent. Under GDPR, however, consent must always be given, even for patient care.
- Right to be forgotten: Under HIPAA, medical records and other personal information can’t be altered or deleted. In other words, although subject to privacy, the information is stored forever. GDPR gives data subjects the right to be forgotten, where individuals have the right to tell an organization to erase their data.
- Data breaches: Under the HIPAA breach notification rule, covered entities and business associates must notify affected individuals of breaches. If the incident involves over 500 individuals, the organization must notify the OCR and all affected individuals within 60 days.
With the GDPR, breach size does not matter. Article 33 of the GDPR places a 72-hour breach reporting deadline and requires providers to report all breaches to supervisory authorities.
Similarities between HIPAA and GDPR compliance
Organizations that are either HIPAA- or GDPR-compliant already have existing safeguards in place to protect data. While there are more differences than similarities between HIPAA and. GDPR, there is some framework overlap:
- Both require controlled access to sensitive data
- Both require methods for detecting unauthorized changes to PHI
- Both require PHI encryption at rest and in transit
- Both require an appointed DPO
- Both provide organizations the security needed to focus on their clients, patients. and employees’ privacy
HIPAA and GDPR compliance are two legal requirements that benefit both the organization and the individuals they serve. While each one involves distinct rules and regulations, they do have some overlap in their aim and process to protect data subjects.
Learn more about gaining compliance by downloading our eBook about the ISO 27001 journey. You can also learn more about OneTrust Privacy Automation here.
You may also like
Webinar
Technology Risk & Compliance
Understanding the NIS 2 Directive: Compliance insights and best practices
This DataGuidance webinar explores the latest and expected developments in the implementation of the NIS 2 Directive, focusing on practical compliance strategies to ensure your organization is prepared.
December 04, 2024
Webinar
Technology Risk & Compliance
Elevating client compliance with OneTrust Automation: Key strategies for partners
Discover how to use OneTrust Compliance Automation to establish client baselines, improve efficiency, and drive scalability. Learn key strategies to enhance your compliance impact.
November 21, 2024
Webinar
Technology Risk & Compliance
Tech risk and compliance masterclass: An evidence-based approach to building by-design risk and compliance practices
Discover strategies to embed compliance and risk management into business processes with minimal disruption, using technology-driven solutions for efficiency, scalability, and improvement.
November 06, 2024
Webinar
Technology Risk & Compliance
Building a strong security posture: Managing compliance, risk, and business engagement in a dynamic landscape
Join our webinar to learn how to optimize security posture, streamline compliance, and leverage automation to manage IT risk in today's complex digital landscape. Register now!
October 29, 2024
Webinar
Privacy Automation
Build resiliency and operationalize compliance with OneTrust: Fall product release recap, 2024
Join our upcoming product release webinar to explore how these new capabilities can help your organization navigate complex frameworks, streamline third-party management, and accelerate AI and data innovation.
October 22, 2024
Webinar
Technology Risk & Compliance
Compliance Automation product demonstration
Join our live demonstration and see how Compliance Automaiton can help boost compliance efficiency with automated workflows, shared evidence, and 40+ frameworks.
October 02, 2024
Webinar
Technology Risk & Compliance
Tech risk & compliance masterclass: The anatomy of a framework
Master the fundamentals of constructing robust compliance frameworks that can seamlessly integrate with organizational operations while aligning with regulatory and strategic mandates to deliver measurable insights on your progress and gaps.
August 14, 2024
Webinar
Technology Risk & Compliance
Tech risk and compliance masterclass
Unlock tech risk management & compliance excellence. Master risk management, build robust frameworks, and foster cross-functional collaboration for long-term resilience.
August 07, 2024
Webinar
Technology Risk & Compliance
Introducing OneTrust Compliance Automation
Join us as we explore OneTrust Compliance Automation, a holistic and fully integrated solution that streamlines and optimizes workflows, compliance, and attestation.
July 25, 2024
Webinar
Data Discovery & Classification
Catch it live: See the all-new features in OneTrust's Spring Release and Post-TrustWeek recap
Join us as Ryan Karlin, Senior Director of Product Marketing highlights important updates from TrustWeek including an inside look into OneTrust's new platform features that make it easier for customers to activate data responsibly, surface and mitigate risk, and navigate the complex regulatory environment.
June 06, 2024
Report
AI Governance
GRC strategies for effective AI Governance: OCEG research report
Download the full OCEG research report for a snapshot of what organizations are doing to govern their AI efforts, assess and manage risks, and ensure compliance with external and internal requirements.
May 22, 2024
Infographic
Third-Party Risk
Streamline compliance with the Digital Operational Resilience Act (DORA)
Download our infographic to learn about the new DORA regulation, who needs to comply, and how OneTrust can help streamline the process.
April 29, 2024
Webinar
Ethics Program Management
EthicsConnect: Risk - It’s not just for breakfast anymore
Join us for a deep dive into embedding privacy by design into the fabric of your business to promote the responsible use of data.
April 25, 2024
Infographic
Technology Risk & Compliance
Rethinking risk assessments: Bridging the gap between best practices and action
Download our infographic to learn the main challenges faced during risk assessments, proven frameworks for assessing risks, and how to translate guidance into action.
March 07, 2024
Webinar
Technology Risk & Compliance
PCI DSS Compliance: How to scope and streamline monitoring with Certification Automation
Join our PCI DSS webinar where we discuss how Certification Automation can help free up valuable InfoSec resources, streamline audits, and stay continuously compliant.
March 05, 2024
eBook
Ethics Program Management
Business messaging apps: A guide to corporate compliance
How can your business use third-party messaging apps while staying compliant? Dive into key usage considerations based on the DOJ’s 2023 guidance.
February 13, 2024
Webinar
Technology Risk & Compliance
5 automation trends to modernize InfoSec compliance
Join our webinar for insights on transforming InfoSec program management. Navigate the complexities of modern security with a flexible, scalable, and cost-effective approach.
February 07, 2024
Infographic
Third-Party Risk
4 top-of-mind challenges for CISOs
What key challenges do CISOs face going into the new year? Download this infographic to hear what experts from industries across the board have to say.
January 30, 2024
eBook
Technology Risk & Compliance
NIST CSF 2.0: Changes, impacts and opportunities for your Infosec program
Get your free guide to the NIST Cybersecurity Framework 2.0 and learn how its proposed changes will impact your InfoSec programs.
December 18, 2023
Resource Kit
Technology Risk & Compliance
NIST CSF essentials: Empowering cybersecurity excellence
Download our NIST CSF Essentials resource kit and master cybersecurity compliance with expert insights, strategies, and real-world case studies.
December 15, 2023
Webinar
Technology Risk & Compliance
Demonstrating GDPR compliance with Europrivacy criteria: The European Data Protection Seal
Join our webinar to learn more about the European Data Protection Seal and to find out what the key advantages of getting certified.
November 30, 2023
Checklist
Technology Risk & Compliance
SOC 2 checklist: 8 steps to achieve compliance
This SOC 2 checklist provides clear action steps that enable you to mature your security program and fast-track your way to compliance.
November 28, 2023
Data Sheet
Technology Risk & Compliance
Integrations to automate your framework compliance: ISO 27001, SOC 2, and NIST CSF
Explore how OneTrust integrations can help you automate compliance with today’s most popular InfoSec frameworks.
November 28, 2023
Webinar
Ethics Program Management
Ethics Exchange: Risk assessments
Join our risk assessments experts as we discuss best practices, program templates, and how provide an assessment that provides the best value for your organization.
October 25, 2023
Infographic
Technology Risk & Compliance
Understanding Europe's Top InfoSec and Cybersec Frameworks
Learn the ins and outs of Europe’s top InfoSec and cybersec frameworks, including ISO 27001, UK Cyber Essentials, the NIS2 Directive, DORA, and more.
October 05, 2023
Infographic
Technology Risk & Compliance
5 key areas for improved automation in InfoSec compliance
Streamline and scale your organization’s InfoSec compliance program by focusing on these five key areas of automation.
October 02, 2023
eBook
Technology Risk & Compliance
Prioritizing the right InfoSec frameworks for your organization
In this free eBook, we explore the basics of three top InfoSec frameworks and how to decide which is the best fit for your organization.
September 27, 2023
Webinar
Third-Party Risk
Live Demo EMEA: How OneTrust can help advance your third-party risk management program
Join us for a live demo of OneTrust's third-party risk management solution and see how it can help automate and streamline your TPRM program.
September 19, 2023
eBook
Privacy Management
Responsible data use: Navigating privacy in the information lifecycle eBook
Download this eBook and get the insights you need to safeguard customer privacy and ensure responsible data use in the information lifecycle.
August 22, 2023
Webinar
Technology Risk & Compliance
How to successfully implement ISO 27001 to demonstrate security and assurance across any jurisdiction
Join our live webinar and hear from security professionals on how to get ISO 27001 certified, streamline audit preparation, and demonstrate security assurance across any regulatory jurisdiction.
June 28, 2023
eBook
Third-Party Risk
InfoSec's guide to third-party risk management: Key considerations and best practices
Download our eBook to learn practical advice on how to approach third-party risk management like an InfoSec expert.
June 05, 2023
Webinar
GRC & Security Assurance
Combating InfoSec compliance fatigue: Insights for navigating growingly complex requirements
In this webinar, you will hear first-hand from information security experts experts what are the key pain-points and their strategies to be audit ready.
February 27, 2023
Webinar
Technology Risk & Compliance
Introducing OneTrust Certification Automation: Build, scale, and automate your InfoSec compliance program webinar
In this webinar, learn how to right-size your compliance scope for different frameworks across various business dimensions and enable an agile audit process.
February 15, 2023
Webinar
GRC & Security Assurance
Introducing OneTrust Certification Automation: Reinforce privacy accountability with automated InfoSec compliance
Learn how to enable an agile audit process by breaking down complex InfoSec requirements into actionable tasks to help automate your compliance program.
February 10, 2023
eBook
Technology Risk & Compliance
The future of information security
Learn how to respond to the security landscape and build a proactive InfoSec program to help your customers and business.
October 10, 2022
eBook
Technology Risk & Compliance
The art of the enterprise IT risk assessment
Ensure your enterprise IT risk assessment is a success with a top-down approach that gets executive buy-in from the start
September 16, 2022
eBook
Technology Risk & Compliance
The enterprise DevSecOps playbook
As a unified business function, DevSecOps combines rapid software development with top-notch security at scale.
September 02, 2022
Webinar
GRC & Security Assurance
How to reinforce your InfoSec risk program in a “Not If, But When” incident environment webinar
Learn how scaling your approach to managing IT assets & risk assessments can deliver a complete picture to better measure and inform program investments.
August 16, 2022
Webinar
GRC & Security Assurance
5 critical mistakes to avoid when answering security questionnaires
Avoid these 5 critical mistakes when answering security questionnaires and streamline responses with this webinar.
March 01, 2022
Webinar
GRC & Security Assurance
How successful security teams manage risk to build Trust and drive Growth
Watch this webinar to learn what makes a successful risk management program and how effective security teams build trust.
January 12, 2022
Webinar
Privacy Management
Build an incident management playbook
Prepare for privacy and security incidents by building an incident management playbook.