Compliance

What it is: A comprehensive data protection law passed by the European Union (EU) that sets guidelines for collecting, processing, and storing personal data of EU residents

Key Focus: Data subject rights (e.g., consent, access, erasure), data protection principles (e.g., lawfulness, fairness, transparency, purpose limitation), and accountability

Relevance to Software: If your software handles personal data of EU residents, you need to comply with GDPR, which might involve features for data subject requests, data encryption, and data breach notifications.

What it is: A California state law that enhances privacy rights and consumer protection for residents of California.

Key Focus: Gives consumers more control over the personal information that businesses collect about them. Includes rights to know, access, delete, and opt-out of the sale of personal information.

Relevance to Software: Software that handles personal information of California residents needs to comply with CCPA, potentially requiring features similar to those for GDPR compliance.

What it is: A US government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services.

Key Focus: Ensuring that cloud services used by federal agencies meet specific security requirements

Relevance to Software: If you offer cloud-based software to US federal agencies, FedRAMP authorization is often required.

What it is: A certifiable framework that provides organizations with a comprehensive set of security controls to manage information risk, often used in the healthcare industry.

Key Focus: Aligns with HIPAA and other security and privacy regulations, offering a risk-based approach to information security.

Relevance to Software: Software handling sensitive health information can demonstrate compliance with security standards by achieving HITRUST CSF certification.

What it is: An internationally recognized standard that provides a framework for establishing, implementing, maintaining, and continually improving an information security management system (ISMS).

Key Focus: Confidentiality, integrity, and availability of information.

Relevance to Software: Software companies can obtain ISO 27001 certification to demonstrate their commitment to information security management.

What it is: US regulations that control the export and import of defense-related articles and services on the United States Munitions List (USML).  

Key Focus: National security and foreign policy controls.

Relevance to Software: Software related to defense articles or services, including encryption software, may be subject to ITAR restrictions.

What it is: A US federal law that requires federal agencies to develop, document, and implement an information security program to protect federal information and information systems.   

Key Focus: Risk management, information security awareness training, security controls, and incident response.

Relevance to Software: Software used by federal agencies or that processes federal information needs to comply with FISMA requirements.

What it is: A US federal law that requires financial institutions to explain their information-sharing practices to customers and to protect sensitive data.

Key Focus: Protecting the security and confidentiality of nonpublic personal information (NPI) held by financial institutions.

Relevance to Software: Software used by financial institutions that handles NPI (e.g., names, addresses, account numbers) needs to comply with GLBA.

What it is: A US federal law that provides data privacy and security provisions for safeguarding medical information.

Key Focus: Protecting the privacy and security of protected health information (PHI), including physical safeguards, technical safeguards, and administrative safeguards.

Relevance to Software: Software that handles PHI (e.g., electronic health records, medical billing systems) must comply with HIPAA.

What it is: A European standard that defines the requirements for the secure processing of cardholder data for merchants and service providers.

Key Focus: Protecting cardholder data from unauthorized access and use.

Relevance to Software: Software involved in card payments within Europe needs to comply with Mars-E requirements.

What it is: A set of security standards designed to ensure that all companies that accept, process, store, or transmit credit card information maintain a secure environment.  

Key Focus: Protecting cardholder data through security measures like network security, encryption, access control, and regular monitoring.

Relevance to Software: Software involved in processing, storing, or transmitting credit card

What it is: A reporting framework that provides assurance over the controls at a service organization relevant to security, availability, processing integrity, confidentiality, or privacy.  

Key Focus: Independent assessment of a service organization's controls based on trust services criteria.

Relevance to Software: Software companies, especially SaaS providers, often undergo SOC 2 audits to demonstrate the security and reliability of their services to customers.