Ganga. V. Chitti, LLM IPL, CHRIST (Deemed to be University), Bengaluru
ABSTRACT
This paper comparatively explores the data cross-border transfer regulations of India's Digital Personal Data Protection Act, 2023 and the European Union's General Data Protection Regulation. In this respect, the paper articulates legal frameworks that inter-alia compares some of the essential commonalities, such as data protection and consent, and some significant differences between these two, like the structured approach via adequacy decisions and Standard Contractual Clauses (SCCs) in contrast to the "blacklist" approach by the government of India under the DPDPA. This analysis is supported by case studies that will illustrate some practical challenges organisations face in trying to comply with these regulations. Findings emerge as a call for harmonised data protection and compliance strategy standards. The paper concludes that while organisations familiar with GDPR have a foundational advantage, substantial adjustments will be required to deal with the specific requirements that DPDPA calls for, especially on consent frameworks and reporting breaches.
Keywords: Cross-border data transfers, Digital Personal Data Protection Act of 2023 (DPDPA), General Data Protection Regulation of the European Union (GDPR), Data localisation, Compliance challenges, Cross-border data protection.
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