Substantially Similar Legislation

Laws in other jurisdictions deemed to provide comparable privacy protections to a reference framework, potentially affecting compliance strategies and legal requirements. The concept appears in various contexts. For example, Virginia's Consumer Data Protection Act exempts entities complying with GLBA, HIPAA, or federal privacy laws providing 'substantially similar' protections. Some Model Contractual Clauses reference jurisdictions with substantially similar laws to the EU. Evaluating substantial similarity involves comparing: legal basis requirements, data subject rights scope, security obligations, enforcement mechanisms, penalty structures, and practical implementation. However, 'substantially similar' doesn't mean identical—differences always exist. Organizations should: conduct careful legal analysis before relying on substantially similar provisions, document similarity assessments, monitor guidance from regulators and courts interpreting these provisions, and consider whether choosing to comply with stricter frameworks provides greater legal certainty. Relying on substantial similarity can create risks if regulators disagree with the assessment, making conservative approaches prudent.