Anandaday Misshra
Founder & Managing Partner
DATA PROTECTION
One of the most significant and dynamic innovation of recent times has been the ability to produce, consume, store and transfer data. With the changing times and rapidly increasing dependence of businesses on electronic transfer of personal data, management of such data to ensure their secure processing has become of utmost importance.
Data protection refers to the appropriate management of data collected from Data Principal i.e individuals in accordance with the legal requirement of specific purpose pertaining to the corresponding jurisdiction, such as obtaining consent for a specific purpose, notice and compliance with regulatory obligations.
Data Privacy ensures the protection of individuals’ personal information from unauthorized access and misuse. As a leading data privacy law firm in India, AMLEGALS specializes in a multifaceted approach in data privacy for businesses in India. We provide expert legal solutions to help businesses safeguard sensitive data and maintain privacy standards.
Our Data Protection & Privacy services are meant for data privacy regimes in & laws of India(DPDPA), EU(GDPR), US(CCPA), Singapore(PDPA), UAE(PDPL), Saudi Arabia( PDPL), etc.
Data protection and data privacy laws in India are at a nascent stage with the enactment of the Digital Personal Data Protection Act,2023 (“DPDPA”) only on 11th August,2023 and shall be notified for its stage wise implementation in India. It will take time to evolve with many upcoming developments to take shape in personal data and its usage, storage and transfer. Additionally, other Indian legislations further influence the legal conundrum surrounding data protection and Data Privacy law of India.
The moot questions which mandatorily have to be considered while dealing with and gearing up for entering into the digital data protection legal framework are as below;
1.Doย you have Data Privacy checklist for your Organisation?
๐.๐๐จ ๐ฒ๐จ๐ฎ ๐ก๐๐ฏ๐ ๐๐ฉ๐๐๐ข๐๐ข๐ ๐๐ฎ๐ซ๐ฉ๐จ๐ฌ๐ ๐ข๐๐๐ง๐ญ๐ข๐๐ข๐๐ ๐๐ง๐ ๐๐จ๐ฆ๐ฆ๐ฎ๐ง๐ข๐๐๐ญ๐๐?
3.Doย you have your Data Processing including Data Flow identified?
๐.๐๐จ ๐ฒ๐จ๐ฎ ๐ก๐๐ฏ๐ ๐๐๐ญ๐ ๐๐ซ๐จ๐๐๐ฌ๐ฌ๐ข๐ง๐ ๐๐๐๐จ๐ซ๐๐ฌ ๐๐ง๐ ๐ฆ๐๐ง๐ง๐๐ซ ๐ฐ๐๐ฅ๐ฅ ๐๐๐๐ข๐ง๐๐?
5.Doย you have your IT Department Data Compliant?
6.Doย you have Data Minimisation in Place?
7.Doย you haveย Data Storage factored?
8.Doย you have Data Protection Clauses intact in Contracts?
9.Doย you have Digital Policy formulated for your Organisation?
10.Doย you have Data Protection aligned with vendors?
11.Doย you have Data Protection aligned with buyers?
12.Doย you have Data protection assessed and channelised for the manpowerย in your Organisation?
13. Do you have Data Processing Consent Notice in place?
In fact, the challenges and issues are unlimited and same is the case with the strategic solution which has to be devised as per the working of a business entity.
Cross-border transfer of sensitive personal information, cloud-based data storage, regulation of data based on national and international laws, compliance with the EU General Data Protection Regulation (GDPR), US(CCPA), UAE(PDPL), KSA(PDPL), etc. have further contributed to the complexity associated with data privacy. Hence, a comprehensive and articulate understanding of the laws affecting data privacy and data protection within India and internationally is crucial for companies engaged in the business of transfer of personal data.
Our Data Protection Law Firm in India delivers strategic counselling on issues pertaining to data privacy and data protection based on extensive legal research and in-depth understanding of the practical attributes associated with data management and security.
Our Services on Data Protection & Data Privacy Lawย
We have been rendering legal opinions, guidance and advising companies worldwide on various jurisdictional Data Protections & Data Privacy laws as below:
Few Q & A on Data Privacy and Protection Law in India
Data Protection & Privacy law practice of the law firm is led by Mr. Anandaday Misshra, Founder & Managing Partner, AMLEGALS.
To know more aboutย Data Protection & Data Privacy Law in India, feel free to connect with dataprivacy@amlegals.com or mridusha.guha@amlegals.com.