What is the Digital Personal Data Protection Act, 2023?
Also known as the DPD Act or India’s GDPR Act, the Digital Personal Data Protection Act, 2023 is a statute that was passed by the Indian Parliament in 2023. It deals with the
Whom is the Digital Personal Data Protection Act, 2023 applicable to? Is it applicable to foreign entities outside India?
Yes, the Digital Personal Data Protection Act, 2023 is applicable to Foreign entites or companies which are offering goods or services to customers within the territory of India, irrespective of where the Data Fiduciary is located.
Section 3 of the Act says that:
- Subject to the provisions of this Act, it shall—
(a) apply to the processing of digital personal data within the territory of India
where the personal data is collected––
(i) in digital form; or
(ii) in non-digital form and digitised subsequently;
(b) also apply to processing of digital personal data outside the territory of
India, if such processing is in connection with any activity related to offering of
goods or services to Data Principals within the territory of India;
(c) not apply to—
(i) personal data processed by an individual for any personal or domestic purpose; and
(ii) personal data that is made or caused to be made publicly available by—
(A) the Data Principal to whom such personal data relates; or
(B) any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available.
Illustration
X, an individual, while blogging her views, has publicly made available her personal data on social media. In such case, the provisions of this Act shall not apply.
Whose data does the Digital Personal Data Protection Act, 2023 protect?
From when will the Digital Personal Data Protection Act, 2023 take effect?
Which are the various entities and authorities under the Digital Personal Data Protection Act, 2023?
- Data Principal
- Data Fiduciary
- Significant Data Fiduciary
- Data Processor
- Consent Manager
- Data Protection Officer
- Data Protection Board of India
- Chairperson
- Member of the Board
- Appellate Tribunal
- the State