Data Privacy & Protection Law in India

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.Do you have Data Privacy checklist for your Organisation?

𝟐.𝐃𝐨 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 𝐒𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐏𝐮𝐫𝐩𝐨𝐬𝐞 𝐢𝐝𝐞𝐧𝐭𝐢𝐟𝐢𝐞𝐝 𝐚𝐧𝐝 𝐜𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐞𝐝?

3.Do you have your Data Processing including Data Flow identified?

𝟒.𝐃𝐨 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐜𝐞𝐬𝐬𝐢𝐧𝐠 𝐑𝐞𝐜𝐨𝐫𝐝𝐬 𝐚𝐧𝐝 𝐦𝐚𝐧𝐧𝐞𝐫 𝐰𝐞𝐥𝐥 𝐝𝐞𝐟𝐢𝐧𝐞𝐝?

5.Do you have your IT Department Data Compliant?

6.Do you have Data Minimisation in Place?

7.Do you have Data Storage factored?

8.Do you have Data Protection Clauses intact in Contracts?

9.Do you have Digital Policy formulated for your Organisation?

10.Do you have Data Protection aligned with vendors?

11.Do you have Data Protection aligned with buyers?

12.Do you have Data protection assessed and channelised for the manpower 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 Law 

We have been rendering legal opinions, guidance and advising companies worldwide on various jurisdictional Data Protections & Data Privacy laws as below:

1. Regulatory compliance with Indian and international laws for the processing of data,
2. Legal requirement for consent, processing, documentation, storage, transfer of personal data,
3. Handheld advisory on DPDPA, PDPL , GDPR, EU Data Protection compliance,
4. Advising Data Fiduciaries/Significant Data Fiduciaries and Data Protection Officers(DPO)
5. Organisational Data Protection Policies and Strategies,
6. Data Protection Strategy for business organisation,
7. Review of Data Protection Impact Assessment(DPIA),
8. Drafting and Review of Data Protection Agreements for various jurisdictions,
9. Advising on third party data transfer and processing,
10. Interplay with Cyber security issues and compliance,
11. Penalties and offences pertaining to data privacy and protection,
12. Drafting of agreements in conformity with national and international data protection laws,
13. Hand held advisory for taking strategic decision for safeguarding the business interest,
14. Manpower training on best practices under Data Protection regime, etc.

Few Q & A on Data Privacy and Protection Law in India

• What is data privacy law in India?
  India’s data privacy laws, led by the Digital Personal Data Protection Act, 2023 (DPDPA), regulate the collection, processing, and protection of personal data to ensure privacy and security.
• Why is data privacy important for businesses in India?
  Data privacy is critical for Indian businesses to comply with DPDPA, avoid penalties, and safeguard customer trust by protecting sensitive personal information.
• What services does AMLEGALS provide for data privacy compliance?
  AMLEGALS offers legal guidance on data protection laws, including regulatory compliance, drafting agreements, and advising on international data transfer.
• How does India’s data privacy law impact cross-border data transfer?
  India’s DPDPA mandates strict regulations for cross-border data transfers, requiring compliance with specific legal frameworks for secure data handling.
• What are the key components of a data privacy strategy for businesses?
  A robust data privacy strategy includes regulatory compliance, data minimization, secure storage, consent management, and third-party risk assessments.

Data Protection & Privacy law practice of the law firm is led by Mr. Anandaday Misshra, Founder & Managing Partner, AMLEGALS.

To know more about Data Protection & Data Privacy Law in India, feel free to connect with dataprivacy@amlegals.com or mridusha.guha@amlegals.com.

• Call Us: +91-84485 48549