Examining DPDP Act 2023 And GDPR’S Approach to Data Subjects and Fiduciaries

Book Title: Personal Data Protection in Digital Age: Issues and Challenges

Editor:  Dr. Ananya Rahul Bibave

Associate Editor: Dr. Sunita Mane Saware

ISBN:  978-81-970102-6-2

Chapter: 4

DOI:   https://doi.org/10.59646/dataprotectionC4/125

Author: Prof. Vaishalli, Assistant Professor, Modern Law College, Pune, Maharashtra 411016, India

Abstract:

The Digital Personal Data Protection Act 2023 (DPDP Act) is a significant law in India designed to safeguard people’s privacy and the security of their personal data. It sets up a comprehensive framework for how data is processed, managed, and protected. Striking a careful balance, the law considers both the rights of data subjects and the interests of those handling the data (data fiduciaries). This article takes a closer look at the DPDP Act by comparing it with the General Data Protection Regulation (GDPR), which is the European Union’s data protection law. The analysis covers various aspects such as the scope, goals, principles, obligations, rights, remedies, authorities, exemptions, and penalties outlined in both laws. The DPDP Act applies to all types of personal data processed within India, whether it’s in digital or non-digital forms. This article dives into the specifics of the Act, exploring how it handles the collection of data in different formats.