Cross Border Data Transfer and the Adequacy of India’s Data Protection Laws

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: 10

DOI:   https://doi.org/10.59646/dataprotectionC10/125

Author: Jeevan R. Thombare,  Assistant Professor (Political Science), PES Modern Law College, Pune, Maharashtra 411016, India.

Abstract:

The Digital Personal Data Protection (DPDP) Act, 2023, was passed by the Indian Parliament in August of the same year. It is the first cross-sectoral legislation on personal data protection in India and took more than five years of extensive discussions to emerge. India has set an ambition of becoming a $1 trillion digital economy by 2025.  In order to fully unlock this potential for growth, it is crucial that the country create a system of laws, partnerships, and platforms that align with the nature of the digital realm. This means creating an environment where innovation, capital, data, and design capabilities can freely move to countries that present obstacles or difficulties. India’s digital future hinges on how cross-border data flows are managed. After all, the nation has greatly benefited from having an open market policy in this area and being digitally connected, with the free exchange of data playing a crucial role in both. However, it is also a nation that is facing more and more difficulties as a result of illegal data extraction, data monopolization, and obstacles to legitimate data access.In this chapter, the author takes stock of regulatory frameworks prior to the DPDP Act, 2023, which eventually led to the development of the legislation.