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ARTICLE · 01 SEPTEMBER 2023

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Digital Personal Data Protection Act, 2023 – Key Highlights

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The Digital Personal Data Protection Act, 2023 ("DPDPAct") has been passed by both the Houses of Parliament, has received the President of India's assent and has been published in the official gazette on August 11, 2023.

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Background

The Digital Personal Data Protection Act, 2023 ("DPDPAct") has been passed by both the Houses of Parliament, has received the President of India's assent and has been published in the official gazette on August 11, 2023. The DPDP Act is a result of the fifth iteration of the proposed personal data protection legislation and appears to be based on the draft Bill released by the Ministry of Electronics and Information Technology on November 18, 2022, titled Digital Personal Data Protection Bill, 2022, which was open for public consultations. The DPDP Act focuses on digital personal data and does not apply to non-personal data. Once provisions of the DPDP Act are brought into force, the DPDP Act will replace Section 43A of the Information Technology Act, 2000 ("IT Act") and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 ("SPDI Rules"). The DPDP Act

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