Privacy regulations terminology

This document provides definitions for key terms related to privacy regulations supported by Adobe Experience Cloud.

A

B

Binding corporate rules (BCRs): A set of binding rules put in place to allow multinational companies and organizations to transfer personal data that they control from the EU to their affiliates outside the EU (but within the organization).

Biometric data Any personal data relating to the physical, physiological, or behavioral characteristics of an individual which allows their unique identification.

C

CCPA: The California Consumer Privacy Act (CCPA) gives California residents more control over the personal information that businesses collect from then. The law provides several new rights to consumers, including the right to access and the personal information collected from them, and the right to opt out of the sale of their personal information to third parties.

Consent: Freely given, specific, informed and explicit consent by statement or action signifying agreement to the processing of their personal data.

D

Data concerning health: Any personal data related to the physical or mental health of an individual or the provision of health services to them.

Data controller: The entity that determines the purposes, conditions and means of the processing of personal data.

Data erasure: Also known as the Right to be Forgotten, it entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties cease processing of the data.

Data portability: The requirement for controllers to provide the data subject with a copy of his or her data in a format that allows for easy use with another controller.

Data processor: The entity that processes data on behalf of the Data Controller.

Data protection authority: National authorities tasked with the protection of data and privacy as well as monitoring and enforcement of the data protection regulations within the Union.

Data protection officer: An expert on data privacy who works independently to ensure that an entity is adhering to the policies and procedures set forth in the GDPR.

Data subject: A natural person whose personal data is processed by a controller or processor.

Delegated acts: Non-legislative acts enacted in order to supplement existing legislation and provide criteria or clarity.

Derogation: An exemption from a law.

Directive: A legislative act that sets out a goal that all EU countries must achieve through their own national laws.

E

Encrypted data: Personal data that is protected through technological measures to ensure that the data is only accessible/readable by those with specified access.

Enterprise: Any entity engaged in economic activity, regardless of legal form, including persons, partnerships, associations, etc.

Explicit consent: A standard of consent which involves a specific, informed, and unambiguous indication of the data subject’s wishes in oral or written form. Put simply, the data subject must literally and explicitly say “I consent” or “I agree” in order for the consent to be considered explicit. In addition, it must be as easy to withdraw consent as it is to give it.

F

Filing system: Any specific set of personal data that is accessible according to specific criteria, or able to be queried.

G

GDPR: The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). The GDPR sets out the principles for data management and the rights of the individual, while also imposing fines that can be revenue based. GDPR covers all companies that deal with the data of EU citizens, so it is a critical regulation for corporate compliance officers at banks, insurers, and other financial companies.

Genetic data: Data concerning the characteristics of an individual which are inherited or acquired which give unique information about the health or physiology of the individual.

Group of undertakings: A controlling undertaking and its controlled undertakings.

H

I

Identity Management Services (IMS): The Adobe implementation of Federated ID and OAuth 2.0 for authentication of Adobe ID users and authorization for Adobe resources. You must integrate IMS with your Adobe application or service to enable your users to log in and access Adobe services. Users can log in directly with Renga (the Adobe identity services provider), or log in through a trusted third party authentication domain (such as Google, Facebook, or a corporate/organization LDAP).

Implicit consent: Also known as unambiguous consent, this refers to consent that was not explicitly given by the data subject, but is nonetheless unambiguous in nature. For example, during the sign-up process for a company website, a notice is given that by providing an email address, the data subject consents to receiving emails on special offers. If the data subject reads the notice, the affirmative action of entering their email is enough to be considered implicit consent.

IMS Org ID: Refers to an Adobe authorization token for service-to-service authentication, which does not require user login. It is issued to an IMS client, and has no associated user. An IMS client needs a service token to authorize back-channel requests between services. (The term “system token” is occasionally used to mean service token.)

J

K

L

LGPD: The Lei Geral de Proteção de Dados (LGPD) aims to regulate the treatment of personal data of all individuals or natural persons in Brazil. The LGPD gives Brazil citizens the rights to access and delete their personal data, to know whether their personal data is sold or disclosed (and to whom), and the right to opt out of having their data sold to third parties.

M

Main establishment: The place within the Union that the main decisions surrounding data processing are made; with regard to the processor.

N

O

P

PDPA: The Personal Data Protection Act of Thailand (PDPA) was introduced to safeguard Thai data owners from the illegal collection, use, or disclosure of their personal data. Inspired by the European Union’s GDPR, the regulation grants Thai citizens the right to request access to, or the deletion of, their stored personal data.

Personal data: Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person.

Personal data breach: A breach of security leading to the accidental or unlawful access to, destruction, misuse, etc. of personal data.

Privacy by design: A principle that calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition.

Privacy Impact Assessment: A tool used to identify and reduce the privacy risks of entities by analysing the personal data that are processed and the policies in place to protect the data.

Processing: Any operation performed on personal data, whether or not by automated means, including collection, use, recording, etc.

Profiling: Any automated processing of personal data intended to evaluate, analyse, or predict data subject behavior.

Pseudonymization: The processing of personal data such that it can no longer be attributed to a single data subject without the use of additional data, so long as said additional data stays separate to ensure non-attribution.

Q

R

Recipient: Entity to which the personal data are disclosed.

Regulation: A binding legislative act that must be applied in its entirety across the Union.

Representative: Any person in the Union explicitly designated by the controller to be addressed by the supervisory authorities.

Right to be forgotten: Also known as data erasure, it entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties cease processing of the data.

Right to access: Also known as Subject Access Right, it entitles the data subject to have access to and information about the personal data that a controller has concerning them.

S

Sensitive data: Any personal data pertaining to racial or ethnic origin, political opinions, religions or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data or any data which may affect the data subject.

Subject Access Right: Also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them.

Supervisory authority: A public authority which is established by a member state in accordance with article 46.

T

Trilogues: Informal negotiations between the European Commission, the European Parliament, and the Council of the European Union usually held following the first readings of proposed legislation in order to more quickly agree to a compromise text to be adopted.

U

Unambiguous consent: Also known as implicit consent, this refers to consent that was not explicitly given by the data subject, but is nonetheless unambiguous in nature. For example, during the sign-up process for a company website, a notice is given that by providing an email address, the data subject consents to receiving emails on special offers. If the data subject reads the notice, the affirmative action of entering their email is enough to be considered unambiguous consent.

V

W

X

Y

Z

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