India's Data Protection Law: A Guide for Businesses

22/08/2023 | Completed Event

World Trade Center in association with NASSCOM conducted an online session “India's Data Protection Law: A Guide for Businesses”. Speakers from Lakshmikumaran & Sridharan Attorneys - Charanya Lakshmikumaran, Partner and Prashant Phillips, Executive Partner, Lakshmikumaran & Sridharan Attorneys gave detailed presentations. Ms. Anisha Koshy, Senior Associate for Public Policy, Data Security Council of India (NASSCOM) spoke on the impact of the law on Industry.

Charanya Lakshmikumaran gave a timeline of the existing legal framework. The existing rules were reactive in nature which were triggered only in case of a breach. The India Data Protection Law aims to protect the privacy of individuals and ensure that their data is used appropriately by fiduciaries. The law is applicable to all personal data in digital form and to data processed outside India.

Mr. Prashant Phillips explained the core features of the Act. He stressed on the importance of consent that must be freely given, informed and unconditional. Individuals can give their consent for usage of personal data for specific purpose which can be withdrawn at any time. However, there are legitimate uses for the usage of data by fiduciaries for which consent is not required such as - voluntary sharing of data, data usage by the state, disclosure of data mandated by existing laws, data related to medical emergencies and disasters etc and employment purposes. Children and persons with disabilities have been given special considerations. The law mandates the fiduciaries to ensure accuracy, consistency and completeness of data. They need to have appropriate technical and organizational safeguarding mechanisms in place and procedures to report breaches. 

Ms. Anisha Koshy highlighted the pros of the new Act. Individuals have the right to nominate who has access to your data. Startup have been given certain advantages under the law. A major challenge that industries face is the cross-border transfer of data for processing. The framework of the law has been carefully done considering the interests of the Government, industry, the citizens, international trade and geopolitical situations.

Mr. Vivek George, World Trade Center moderated the session.