Data PrivacyData Protection Laws โ€“ Where India Stands?

August 27, 20230

๐ƒ๐š๐ญ๐š ๐๐ซ๐จ๐ญ๐ž๐œ๐ญ๐ข๐จ๐ง Laws – ๐–๐ก๐ž๐ซ๐ž India ๐’๐ญ๐š๐ง๐s?

The data protection law for India i.e The Digital Personal Data Protection Act,2023(DPDPA), has already been enacted on 11th August,2023 at a time when worldwide in many countries, data Protection enactments are either under the process of finalisation or under implementation from this September,2023 onwards.

Say country like Saudi Arabia is gearing to implement the data protection regime from 14th September,2023. While, fast developments in Data Protection laws are awaited in Argentina, Australia, Canada, Seychelles and South Korea, at the same there will be a new Swiss Data Protection Act,2023 to be replaced and implemented from 1st September,2023 only.


As per UNCTAD, the importance of privacy and data protection is increasingly recognized. So far, 137 out of 194 countries had put in place legislation to secure the protection of data and privacy.


๐ˆ๐ฆ๐ฉ๐ฅ๐ž๐ฆ๐ž๐ง๐ญ๐š๐ญ๐ข๐จ๐ง – The complete implementation will take atleast 18months as the enactment itself envisages that it shall be implemented in a phase wise manner.

๐„๐ฑ๐ž๐ฆ๐ฉ๐ญ๐ข๐จ๐ง – The Minister of State of Electronics and IT, Mr.Rajeev Chandrasekhar has been sharing insights on the DPDPA from time to time. He has already clarified that ๐ž๐ฑ๐ž๐ฆ๐ฉ๐ญ๐ข๐จ๐ง ๐ฆ๐š๐ฒ ๐›๐ž ๐ ๐ข๐ฏ๐ž๐ง ๐š ๐ฉ๐ž๐ซ๐ข๐จ๐ for a period of ๐Ÿ‘-๐Ÿ” ๐ฆ๐จ๐ง๐ญ๐ก๐ฌ ๐ญ๐จ ๐’๐ญ๐š๐ซ๐ญ๐ฎ๐ฉ๐ฌ to test their products during which they will be exempted from certain stringent provisions subject to parameters and type of Startups as may be notified.

๐‘๐ž๐ ๐ฎ๐ฅ๐š๐ญ๐จ๐ซ๐ฒ ๐€๐ฅ๐ข๐ ๐ง๐ฆ๐ž๐ง๐ญ- The Sectorial Regulators will be aligned with the DPDPA. Certain sectors like the Healthcare and Fintech will have DPDPA implemented in a very stringent manner while giving weightage to the respective Regulators.

๐’๐ข๐ ๐ง๐ข๐Ÿ๐ข๐œ๐š๐ง๐ญ ๐ƒ๐š๐ญ๐š ๐…๐ข๐๐ฎ๐œ๐ข๐š๐ซ๐ข๐ž๐ฌ(๐’๐ƒ๐…) – They have to be more vigilant to start preparing and working on the DPDPA. They should simultaneously focus on appointing a ๐ƒ๐š๐ญ๐š ๐๐ซ๐จ๐ญ๐ž๐œ๐ญ๐ข๐จ๐ง ๐Ž๐Ÿ๐Ÿ๐ข๐œ๐ž๐ซ(๐ƒ๐๐Ž) well in time so that they can avoid last minute preparations.

Finally, Organisations must thrust upon two significant factors;

One – Inculcate a Policy to respect personal Data and

Two – Start taking Data Driven Decisions

๐’๐ญ๐š๐ซ๐ญ๐ข๐ง๐  ๐๐จ๐ข๐ง๐ญ – When entire word is committed towards respectingย  Data, and this is corroborated by efforts of 137 Countries to be working on Data Protection enactment/bills in different stages, and India already has enacted its DPDPA, this is the high time to gear up to align the organisational Data ecosystem in accordance with the 7 Principles of Data Protection especially when the penalty provisions are enough to create an imbalance in bottomline of the Organisations at the first place.

Authored by

Mr. Anandaday Misshra, Founder & Managing Partner, AMLEGALS with a global expertise in Data Protection laws across various sectors.

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