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ARTICLE · 25 OCTOBER 2023

Exploring Jurisdictional Overlap In India's Data Protection Landscape

Saikrishna and Associates, Advocates
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Amidst the substantial discourse concerning the provisions of the India's Digital Personal Data Protection Act of 2023 (DPDP Act), a provision of considerable significance...

IndiaPrivacy

Amidst the substantial discourse concerning the provisions of the India's Digital Personal Data Protection Act of 2023 (DPDP Act), a provision of considerable significance, particularly when viewed through the perspective of a litigator, has largely escaped attention.

Section 38 of the Act provides that the "...provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force." The provision assumes significance primarily because data protection law is interrelated to and entwined with several other fields of law. For instance, the nexus between data protection law and cyber security is intricate, making it difficult to establish clear boundaries between these two domains. Moreover, an intersection between data protection law and competition law arises, especially in the context of data accumulation by digital platforms. Additionally, there is significant overlap between consumer protection and data protection

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