Navigating Compliance for Multinational Corporations under India's DPDP Act, 2023
This article is written by Mahulbonee Biswas, pursuing a B.A. LL.B. from D.E.S.’s Shri Navalmal Firodia Law College, Pune.
Throughout the 21st century, significant efforts have been made by different global powers to develop and strengthen digital privacy frameworks. Such efforts have manifested in the form of the Digital Personal Data Protection (DPDP) Act, 2023, in the Indian legal system. It represents a significant increase in the standards on how organizations are expected to manage personal data. The involvement of multinational corporations (MNCs) bring an interesting complexity to the matter. MNCs often juggle between different privacy standards and regulatory expectations of the multitudes of countries they operate in. This paper looks at the practical and legal aspects of compliance under India’s DPDP Act, 2023 from the perspective of global corporations.
The study reviews the key parts of the Act, like consent-based data processing, data fiduciaries' responsibilities, data principles, cross-border data transfers, and methods of grievance redressal. The paper expands on how MNCs need to merge the requirements of the DPDP Act with other international privacy laws and existing frameworks like the General Data Protection Regulation (GDPR). The study narrows its scope by focusing on operational issues such as data governance, third-party vendor management, cybersecurity measures, and effective compliance programs.
By offering a clear understanding of India’s DPDP Act, 2023, and its conjuncture with Multinational Corporations, the paper adds to ongoing conversations about data privacy and data governance. Finally, the paper shall advocate for a balanced approach to data management.
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