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ARTICLE · 14 NOVEMBER 2023

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The Digital Personal Data Protection Act, 2023: A Deep Dive

Spice Route Legal
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Over the years, India has seen various iterations of a draft data protection law. In August 2023, the Digital Personal Data Protection Act, 2023 was passed by the Indian parliament. It is expected to come into effect in a phased manner.

IndiaPrivacy
Mathew Chacko
Mathew Chacko
Aadya Misra
Aadya Misra
Ada Shaharbanu
Ada Shaharbanu
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INTRODUCTION: THE BASIC TENETS

Over the years, India has seen various iterations of a draft data protection law. In August 2023, the Digital Personal Data Protection Act, 2023 ("DPDPA") was passed by the Indian parliament. It is expected to come into effect in a phased manner.

Applicability and Exemptions

  • The DPDPA regulates the processing of personal data in India that is either collected in digital form or personal data that is collected in a non-digital form but is later digitised.
  • It also applies extraterritorially if processing occurs outside India in connection with the offering of goods or services to data principals in India.
  • It exempts processing (a) of publicly available data that is made available by the data principal to whom such data relates or any other person who is under an obligation under any law to make such data publicly available, (b) of non-digital personal data, (c) by individuals for personal or domestic purposes, (d) by

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