Data Privacy And Competition Law In India

Kapil Mudgil, Ex. Research Associate, Competition Commission of India

ABSTRACT

In the present digital era, the protection of personal data and the promotion of fair competition are two crucial objectives. In India, these goals are pursued through the Digital Personal Data Protection Act, 2023 ('DPDP Act') and the Competition Act, 2002 ('Competition Act'). While these legal frameworks serve different purposes, they intersect in their approach to data collection, processing, and user consent. Data privacy legislation i.e. DPDP Act is intended to protect individuals’ personal data, whereas the Competition Act is envisioned to encourage fair and open competition in the marketplace. The harmonious convergence of the DPDP Act and the Competition Act is crucial for striking a balance between data protection and market competitiveness. By fostering collaboration, addressing legal complexities, and embracing the digital era, India can achieve a dynamic legal landscape that propels both creativity and fair play. This article will ponder upon the relationship between data privacy and competition law, as well as the ramifications for firms and consumers.