HIPAA vs GDPR: both protect people’s data, but they differ in scope, consent, breach timelines, and rights. If you serve US and EU users, you likely answer to both.
TL;DR
HIPAA is a US law protecting health information in healthcare; GDPR is the EU’s broad privacy law protecting all personal data of people in the EU. GDPR is wider in scope, stricter on consent and rights, and faster on breach reporting (72 hours vs HIPAA’s 60 days).
They overlap heavily on security controls, so most of the work counts for both. If you handle health data and serve EU users, you likely need both, and building to the stricter standard simplifies dual compliance.
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HIPAA vs GDPR: the short answer
Both laws exist to protect people’s data, but they aim at different targets. HIPAA is narrow and specific: it protects health information handled by US healthcare organisations and their vendors. GDPR is broad: it protects all personal data of people in the EU, health data included, and applies to any organisation handling that data wherever it is based. GDPR generally sets the higher bar on consent, individual rights, and breach speed.
What each one is
HIPAA is a US federal law focused on protecting protected health information within the healthcare sector, enforced by regulators. GDPR is the EU’s General Data Protection Regulation, a comprehensive privacy law covering all personal data of individuals in the EU, with health data treated as a special category requiring the highest protection. One is sector-specific; the other is economy-wide.
The key differences at a glance
| Aspect | HIPAA | GDPR |
|---|---|---|
| Scope | Health data in US healthcare | All personal data of people in the EU |
| Consent | Allows treatment and payment uses without prior authorisation | Requires explicit, opt-in consent |
| Breach notice | Up to 60 days | Within 72 hours |
| Data rights | Access and amendment of records | Access, correction, erasure, and portability |
| Right to erasure | No; records must be retained | Yes, the right to be forgotten |
| Reach | US healthcare and its vendors | Anyone handling EU residents’ data |
Where HIPAA and GDPR overlap
Despite the differences, they meet on the same ground: security. Both require genuine protection of sensitive data, encryption, access control, logging, monitoring, and a breach response. The security work you do for one covers much of what the other expects at the technical level.
Each then adds its own layer: HIPAA adds health-data-specific duties, and GDPR adds broad consent requirements and individual rights like erasure. The security core underneath, the majority of the effort, is shared.
Handling both at once
For a company serving US and EU users, especially in health-tech, both can apply to the same systems. The efficient approach is to build to the stricter standard where they differ. Meeting GDPR’s 72-hour breach notice, for example, comfortably satisfies HIPAA’s 60-day window. Build one strong security foundation, then layer each law’s specific duties on top.
The lean-team path to both
Whether you face HIPAA, GDPR, or both, the substance is the same security core: controls that operate and can be evidenced. Building that once and mapping it to each is far more efficient than maintaining parallel programs, especially for a small team.
Build once, satisfy both sides of the Atlantic.
Osto is the one-stop cybersecurity and compliance platform built for fast-moving startups. Run the shared security core on one platform and map it to HIPAA and GDPR together, with one set of evidence. No security team required.
Frequently asked questions
What is the difference between HIPAA and GDPR?
HIPAA is a US law protecting health information in the healthcare sector; GDPR is the EU’s broad privacy law protecting all personal data of people in the EU. GDPR is wider in scope and generally stricter on consent, individual rights, and breach reporting speed.
Does HIPAA compliance mean GDPR compliance?
No. They overlap on security controls, but GDPR adds requirements HIPAA does not, explicit opt-in consent, the right to erasure, broader data rights, and a 72-hour breach notice. Meeting HIPAA does not automatically satisfy GDPR, or vice versa.
What are the breach notification timelines?
GDPR requires notifying the supervisory authority within 72 hours of becoming aware of a breach. HIPAA allows up to 60 days to notify affected individuals and regulators. Meeting GDPR’s faster timeline comfortably satisfies HIPAA’s.
Do I need to comply with both HIPAA and GDPR?
If you handle US health data and also process the personal data of people in the EU, likely yes. Health-tech companies serving both markets often must meet both on the same systems, which is most efficiently done with one security core and the stricter of each requirement.
Which is stricter, HIPAA or GDPR?
Neither is uniformly stricter, but GDPR sets the higher bar in most areas: scope, consent, individual rights, and breach speed. HIPAA has its own stricter points, such as data retention. For dual compliance, using GDPR as the baseline is a common approach.
Does GDPR apply to health data?
Yes. GDPR treats health data as a special category requiring the highest level of protection, including explicit consent before processing. This is broader than HIPAA, which applies specifically to protected health information within US healthcare.