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DPDP Bill vs. Global Laws: A Comparative Analysis

The DPDP Bill marks a new era for data privacy in India, setting crucial guidelines for data protection and aligning with global standards like GDPR and PDPA

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As India continues to evolve its data privacy landscape, it's crucial for businesses to stay informed about the DPDP Bill, says Sneha Sharma.

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Aligning with global standards can help build customer trust

India is rapidly evolving its regulatory landscape for data privacy. The Data Protection Personal Data Protection (DPDP) Bill is a significant development, introducing a comprehensive framework for data collection, storage, processing, and transfer. The bill outlines key principles such as transparency, accountability, purpose limitation, and data minimisation.

To understand the implications of the DPDP Bill, it's essential to compare it with global standards like the General Data Protection Regulation (GDPR) and Singapore's Personal Data Protection Act (PDPA).

 

GDPR vs. DPDP Bill

  • Scope: Both GDPR and DPDP Bill have a broad scope, applying to personal data processed within their respective jurisdictions. However, there might be nuances in specific requirements.
  • Accountability: GDPR places a strong emphasis on accountability, requiring enterprises to demonstrate compliance. Indian laws need to strengthen accountability measures.
  • Data Subject Rights: Both laws provide similar rights to data subjects, including the right to access, rectify, erase, restrict processing, data portability, and object to processing. However, GDPR's provisions are more comprehensive.

 

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Some key aspects of DPDP act for enterprises

PDPA vs. DPDP Bill

  • Principles: Both PDPA and Indian laws are based on similar principles, such as purpose limitation, data minimisation, and security measures.
  • Enforcement: PDPA has a strong enforcement mechanism, with the Personal Data Protection Commission (PDPC) having the power to investigate and impose penalties. India's proposed data protection authority would likely have similar powers.
  • Transparency: Both laws emphasize transparency, requiring enterprises to provide clear information about their data practices.
  • Additional Nuances: PDPA might be more advanced in areas like the Do Not Track (DNT) mechanism and data breach notification.

As India continues to evolve its data privacy landscape, it's crucial for businesses to stay informed about the DPDP Bill and its potential impact on their operations. Aligning with global standards can help build customer trust and secure future revenue growth. By understanding the key differences and similarities with global regulations, enterprises can better prepare for compliance and protect their customers' data.

Sneha

Article Courtesy: NASSCOM Community – an open knowledge sharing platform for the Indian technology industry: https://community.nasscom.in/communities/cyber-security-privacy/dpdp-bill-vs-global-laws-comparative-analysis

 

Sneha Sharma is an analyst at NASSCOM. Her current focus areas include: IT services, AIOps, 5G, cloud, and project management. She also specialises in application rationalisation, cost optimisation, benchmarking, report writing, and market research.

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