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ARTICLE · 04 SEPTEMBER 2023

India's New Law: The Digital Personal Data Protection Act, 2023

S&R Associates
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This note provides an overview of the Digital Personal Data Protection Act, 2023 that was published in the official gazette pursuant to a notification dated August 11, 2023.

IndiaPrivacy
Sandip Bhagat
Sandip Bhagat
Deborshi Barat
Deborshi Barat

The Digital Personal Data Protection Act, 2023 (the "DPDP Act" or "Act"), was published in the official gazette pursuant to a notification dated August 11, 2023, after approval of both houses of the Indian parliament and the President of India. The DPDP Act is not effective as of the date hereof. It will become effective from the date(s) notified by the Central Government ("Government"), and different dates may be notified for different provisions of the Act. Also, the Government may notify rules in future, not inconsistent with the provisions of the Act, to carry out the purposes of the Act.

The DPDP Act seeks to overhaul the current legal framework governing personal data, which is based on Section 43A of the Information Technology Act, 2000, along with rules framed under such provision ("IT Rules"). Rapid developments in digital technology, the absence of a specific data privacy law, and the Supreme Court of India's judgement to classify privacy as a

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This insight/article is intended only as a general discussion of issues and is not intended for any solicitation of work. It should not be regarded as legal advice and no legal or business decision should be based on its content.

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