Data Protection in India Part 1:
Data Protection in the International Market.
Data Protection in India Part 1: Data Protection in the International Market
The Indian economy is one of the largest in the world and a big part of this is international trade, which means that India handles a lot of personal information for people all over the world. It is therefore very important for companies within India to comply with the data protection laws in the countries where these people are from, otherwise they could not only face massive fines but also find themselves unable to do business with these countries.
In terms of requirements and restrictions, Europe’s General Data Protection Regulation (GDPR) is one of the strictest. The key points of GDPR that will affect organisations based in India are:
- Organisations based outside the EU will need to designate a representative within an EU country.
- Transfer of data to countries outside the EU is prohibited unless certain conditions are met.
- People have the right to know and access the data you hold on them.
- People have the right to have their data updated, deleted and moved.
- Organisations must take appropriate technical and organisational measures to protect the data that they hold.
- Any suppliers that a company uses that has access to personal data must be governed by legally binding agreements on how they should process and protect that data.
One of the largest trading partners of India is the USA and Indian organisations should be mindful of not just the country but also the states where they are doing business, as some states like California have very strict data protection laws, whilst others such as Kentucky have very lenient data protection laws.
Indian organisations will also need to consider India’s national laws and standards, as they are on the cusp of a brand new set of regulations that will closely align with Europe’s GDPR, currently called the Personal Data Protection Bill.
….To be continued in Part 2
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