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Assessing India’s Digital Personal Data Protection Act, 2023: A Comparative Study With The GDPR


 


Vaibhav Dharod, DY Patil University, School of Law

Kevin Tauro, DY Patil University, School of Law


ABSTRACT


With the increasing digitization of personal data, the need for comprehensive data protection laws has become paramount. The General Data Protection Regulation (GDPR) of the European Union is considered the global benchmark for data privacy and security. In response to similar concerns, India has introduced the Digital Personal Data Protection (DPDP) Act, 2023, aiming to regulate personal data collection, processing, and protection.


This paper explores the necessity of data protection, key threats to personal data, and the principles of an effective data protection framework. It then provides an overview of India’s DPDP Act, 2023, tracing its evolution, key provisions, and intended impact. A core focus of this study is the comparative analysis between India’s DPDP Act and GDPR, highlighting areas of alignment, significant differences, and potential gaps.


The research critically examines whether India’s DPDP Act meets the standards set by GDPR and whether it offers adequate safeguards against cyber threats, data breaches, and misuse of personal information. By identifying key challenges and regulatory shortcomings, this paper aims to contribute to the ongoing discourse on India’s evolving data protection regime and its effectiveness in the global digital landscape.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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