A Comparative Analysis Of Data Protection Laws Across Jurisdictions & Its Practical, Legal, And Ethical Implications: Data Protection Laws Across Jurisdictions
- IJLLR Journal
- Oct 5
- 1 min read
Sanskruti Santosh More, (LLM in Data Privacy and IT Laws), Manipal Academy of Higher Education, Bengaluru
ABSTRACT
The study critiques and contrasts legislative frameworks such as DPDPA and GDPR, the United States' sector-by-sector approach, and associated policies. All aim to protect personal data but differ widely, thus posing challenges to global companies. Contradictory obligations for data transfers overseas, such as the EU's strict data localisation rules as opposed to the more lenient practices in the US and Latin America, pose inefficiencies. Furthermore, enforcement gaps are exacerbated by lower resources in smaller economies. Ethical challenges include the contradiction between privacy and government surveillance, challenges in procuring meaningful user consent, and the absence of effective remedies for data breaches. The study further attempts to inform the ongoing deliberations related to the unification of global data protection standards and offers an overview of the potential alignment areas between the Indian and EU approaches, and advocates for a global data protection framework built on GDPR principles but adaptable to regional needs. Closing regulatory gaps and encouraging stakeholder collaboration would improve data flows, enhance privacy protection, and deepen international trade. In particular, this research paper will cover data privacy in the context of global digital regulations.
Keywords: Data protection laws, DPDPA, GDPR, cross-border data flow, privacy rights, state surveillance, ethical challenges, regulatory harmonization, user consent, enforcement mechanisms, international cooperation, data governance.
