The Dialogue hosted a virtual roundtable discussion titled “Influence of India’s Digital Personal Data Protection Act 2023 on Cross-border Data Transfers: A Global Perspective” on 29th September 2023. The primary objective of the session was to understand the impact of the Digital Personal Data Protection Act of 2023 (“Act”) on global digital trade, specifically in relation to section 16 of the Act, which provides for the cross-border transfer of data.
Kazim Rizvi, the Founding Director of The Dialogue, moderated the roundtable discussion, and we were joined by the following esteemed participating panellists:
- Anupam Chander, Scott K. Ginsburg Professor of Law and Technology, Georgetown University Law Center
- Nigel Cory, Associate Director, Trade Policy, Information Technology and Innovation Foundation, and
- Raman Jit Singh Chima, Global Cybersecurity Lead, Access Now.
The roundtable discussion was followed by a Q&A session with the participants. Note that the roundtable event was governed by the Chatham House Rules; therefore, this report does not attribute any comment or observation to any specific speaker.
KEY RECOMMENDATIONS
The discussions produced several clear recommendations that are likely to benefit policymakers as they further deliberate on and formulate the corresponding rules for cross-border data transfers:
- Policymakers should shift from considering stringent data localisation measures to embracing a relatively relaxed regime on data flows, which stakeholders welcome.
- Currently, the industry and the public face significant regulatory uncertainty regarding the various nuances of the law concerning Cross-border Data Flows (CBDF). A clear, consistent framework to govern cross-border data flows, along with well-defined rules to provide regulatory certainty, is needed.
- The role of the authority established under the Act, known as the Data Protection Board of India (“DPB”), remains unclear concerning data flows. Clarity is necessary regarding the Data Protection Board’s powers and the notification of the law, and there are concerns about transparency in rulemaking….
To continue reading, access the Event Report HERE
