Digital Personal Data Protection Act 2023: Legal Analysis, Limitations And Comparison To The UK And EU GDPR

Sanskriti Sharma & Mugdha Damle, BBA LLB (Hons.), University of Mumbai Law Academy

ABSTRACT

This article is a general overview of the Digital Personal Data Protection Act, 2023 (DPDPA or The Act) and its various regulations. This Act applies to all the data that is collected in digital form or is subsequently digitalized. Analysis of the Act shows that it also regulates the consent provided by the Data Principal to be valid consent only in specific actions of specific nature. The Act also introduces certain new terms and responsibilities on the various stakeholders that deal with the data and its processing. It further provides for procedures to be followed before the data can be collected by the Data Fiduciary. Provisions as to the responsibility in case of data breach and rights of Data Principal also have been covered under the Act. This article also highlights the general key differences and differences in compliance requirements between DPDPA and General Data Protection Regulations (GDPR).