Benazir Guru S, Sastra Deemed to be University
ABSTRACT
In 1890, Warren and Brandeis released a significant article that sparked the development of data protection, characterizing privacy as "the right to be let alone." The notion gained formal acknowledgment with the United Nations' Declaration of Human Rights in 1948 and the European Convention on Human Rights in 1950. The OECD Guidelines established in 1980 aimed to harmonize privacy laws on a global scale, followed by the EU's Data Protection Directive in 1995 and the GDPR in 2018, which enforced stringent requirements and heavy penalties for non-compliance.
Notable regional differences in data protection have emerged, as the GDPR has set a high benchmark in Europe, while India's Digital Personal Data Protection (DPDP) Act has created a framework for data protection that incorporates similar principles. Although the GDPR and the DPDP Act encompass common foundational principles, there remain considerable distinctions in enforcement, territorial applicability, and specific rights. Organizations are struggling to navigate the complexities of varying regulatory landscapes, particularly regarding international data transfers, which complicate adherence to multiple frameworks.
This paper seeks to analyze the challenges of compliance faced during cross- border transfer posed by the Digital Personal Data Protection. By conducting a comprehensive examination of these regulatory frameworks, the study identifies the primary compliance challenges that organizations face.
Keywords: GDPR, DPDP Act, Cross-Border transfer mechanisms.
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