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ARTICLE · 15 OCTOBER 2023

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The Digital Personal Data Protection Act, 2023 Finally Arrives

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India has finally passed a comprehensive data protection law – the Digital Personal Data Protection Act, 2023 ("DPDP Act"). The Act is not yet effective but the Government is keen...

IndiaPrivacy
Deepa Christopher
Deepa Christopher
Aanchal Kabra
Aanchal Kabra

India has finally passed a comprehensive data protection law – the Digital Personal Data Protection Act, 2023 ("DPDP Act"). The Act is not yet effective but the Government is keen to implement it at the earliest opportunity, but most likely in a phased manner. While the DPDP Act replicates many aspects of the EU GDPR, it diverges on a number of important points reflecting both learnings from the operation of the EU GDPR and the need to apply data protection laws within an Indian context.

We discuss the key provisions and compare it to the GDPR.

Overview

The DPDP Act was notified in the Official Gazette on 11 August 2023 and will come into force on a date to be subsequently notified, with different dates being appointed for different provisions. It is largely similar to the Digital Personal Data Protection Bill, 2022, which was released for public comments in November 2022 (discussed here).

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