Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 12 MARCH 2020

Comparative Analysis: General Data Protection Regulation, 2016 And The Personal Data Protection Bill, 2019

Ikigai Law
Explore more from Ikigai Law

The General Data Protection Regulation (Regulation (EU) 2016/679) came into force on 25 May 2018 as an umbrella regulation to safeguard data and privacy in the European Union and European Economic Area.

European UnionPrivacy
Ikigai Law
Ikigai Law
Sreenidhi Srinivasan
Sreenidhi Srinivasan
Author LinkedIn connections

(Co-Authored by Shreya Chandhok, a second-year student at National Law Institute University, and Bhopal while her internship with Ikigai Law.)

I. Introduction

The General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") came into force on 25 May 2018 as an umbrella regulation to safeguard data and privacy in the European Union ("EU") and European Economic Area. Closer home, in Justice K.S. Puttaswamy (Retd.) & Anr v Union of India & Ors1 ("Privacy Judgment"), a nine judge bench of the Supreme Court of India fleshed out the need for a strong data protection regime2. Accordingly, the ministry of electronics and information technology ("MeitY") constituted a committee of experts, headed by Justice B. N. Srikrishna (former Indian Supreme Court Judge) ("Srikrishna Committee"). This committee submitted its report on 27 July 2018, which also contained a draft data protection law, later codified as the draft Personal Data Protection Bill, 2018 ("2018

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DPDP Data Breach Notification In India: Timelines, Requirements And Key Compliance Considerations

A personal data breach can create immediate legal, operational, and reputational consequences for an organisation. Under India’s Digital Personal Data Protection Act, 2023 (DPDP Act) and the Digital Personal Data Protection Rules, 2025 (DPDP Rules), specific obligations have been prescribed for Data Fiduciaries following a personal data breach. While organisations may already have broader data protection and cybersecurity measures in place, breach notification requires a distinct and time-sensitive response. The DPDP framework requires communication both to affected Data Principals and to the Data Protection Board of India.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Cross-Border Data Transfers Under India’s DPDP Act: Rules, Restrictions And Compliance Roadmap For 2027

India’s Digital Personal Data Protection Act, 2023 (DPDP Act) introduces a relatively permissive framework for the cross-border transfer of personal data from India. Unlike the European Union’s GDPR, which relies extensively on adequacy decisions and prescribed transfer safeguards, the DPDP framework adopts a negative-list approach: international transfers are generally permitted, subject to restrictions that may be notified by the Central Government.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Data Retention And Deletion Under The DPDP Act: How Long Can Businesses Retain Personal Data In India?

India’s data protection framework has moved from legislation to implementation. With the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”) now notified, organizations processing personal data in India need to reassess how long they retain personal data, why they retain it, and how they ultimately delete or anonymize it.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

DPDP Act And Rules 2025: The 2026 Compliance Milestones Businesses Can’t Afford To Miss

India’s data protection regime has moved well past the discussion stage. With the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”) notified by the Ministry of Electronics and Information Technology (“MeitY”) on 13 November 2025, the Digital Personal Data Protection Act, 2023 (“DPDP Act”) now has a defined implementation roadmap, and 2026 is the year businesses should be using to prepare for substantive compliance.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

What Happens To Existing SPDI Rules After Full DPDP Enforcement?

India’s data protection landscape is undergoing its most significant shift in over a decade. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), have long formed the core of personal data protection obligations under the Information Technology Act, 2000 (“IT Act“) for body corporates handling sensitive personal data or information.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

The Digital Personal Data Protection Consent Manager Framework: What Data Fiduciaries Must Do Before The November 2026 Deadline

India's Digital Personal Data Protection Act introduces a mandatory Consent Manager Framework operational from November 2026, requiring organizations processing personal data to integrate with registered intermediary platforms that enable individuals to manage consent across multiple services. With penalties reaching INR 250 crore per violation and implementation timelines spanning 12-18 months, enterprises face critical infrastructure modernization requirements before the May 2027 full compliance deadline.
IndiaPrivacy
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Article

From Consent To Accountability: Japan’s 2026 APPI Amendment Bill And The New Data Strategy For AI-Driven Businesses

AI regulation does not always arrive in the form of a dedicated AI statute. More often, it enters through privacy law. On April 7, 2026, the Japanese Cabinet approved a bill to amend Japan’s Act on the Protection of Personal Information (“APPI”). The Diet passed the amendment on July 10, 2026, and it was promulgated on July 17, 2026 as Act No. 56 of 2026; the amendment is now enacted but not yet in force, with its main provisions taking effect on a date to be fixed by Cabinet order no later than mid-2028.
IndiaPrivacy
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners