Applicability of the Digital Personal Data Protection Act, 2023

India has passed a comprehensive data protection law – the Digital Personal Data Protection Act, 2023 (the “Act”). The Act establishes the foundation for the updated data protection system. Additional guidelines will be provided by the Central Government over time to compliment this framework. The Act replaced Section 43A of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), which have been India’s data protection framework until now. The Act introduces robust provisions concerning notice and consent obligations, delineates the permissible legitimate uses for processing personal data without explicit consent, establishes an appellate tribunal for grievance redressal, and imposes enhanced responsibilities upon data fiduciaries when handling the data of children, among other changes

Continue ReadingApplicability of the Digital Personal Data Protection Act, 2023