A Comparative Analysis Of GDPR And DPDP Act

Mohamamduzef Diwan, National Forensic Sciences University

Introduction

Data has emerged as a vital asset for corporations, governments, and individuals in the generation of virtual transformation. But, the proliferation of records has also raised vast privacy and data protection issues. Various regulatory frameworks were made to deal with these concerns, especially the General Data Protection Regulation (GDPR) within the EU and the Data Protection and Digital Privacy (DPDP) Act in India.

The GDPR, which came into effect in 2018, has set a worldwide benchmark for data protection and privacy regulations. It intends to protect people's personal data inside the E.U and regulate the processing and motion of personal data past the EU's borders1. On the other hand, the DPDP Act, enacted in 2023, is India's complete legislation geared toward safeguarding the privacy and personal data of its citizens. The DPDPA will replace India’s current patchwork of data protection regulations2. GDPR has a huge effect on the development of the DPDPA, 2023.

whilst each regulations share the common intention of protecting personal data, they diverge in several ways, consisting of scope, territorial applicability, and facts difficulty rights.

This research paper aims to conduct a comparative evaluation of the GDPR and the DPDP Act, furthermore, this research pays precise attention to the challenges associated with the DPDP Act. As a new law, the DPDP Act may additionally lack the clarity and established enforcement mechanisms present in GDPR. Figuring out those challenges can be crucial in considering the effectiveness of the DPDP Act in safeguarding individual privacy in India.