The government should give companies at least 24 months to comply with and implement the Digital Personal Data Protection<\/a> (DPDP) Bill<\/a> once it is passed, experts have said. 中包含的条款草案DPDP 2022年法案旨在使其成为“法律行为”,将带来一个“隐私和数据保护方式的文化转变是在印度,”专家说。 政府应该给公司至少24个月遵守和执行数字个人数据保护(DPDP)比尔一旦通过,专家们说。
This would allow enterprises to make any “behavioural corrections” which may be needed before the provisions of the Bill are enforced strictly, the experts, who were part of an ET Roundtable organised by EY, said.
The provisions contained in the draft DPDP Bill of 2022 are aimed at making it a “behavioural law” which will bring in a “cultural shift in the way privacy and digital data protection is seen in India,” the experts added.
“It is essentially creating a whole ecosystem of privacy which possibly does not exist in the country so far because, as an individual citizen, we are always casual about giving our information,” said Amit Bhasin, the chief legal officer and general counsel of Marico Group<\/a>.
The discussion was also attended by Kulbir Kaur, partner of forensic and integrity practices at EY India; Hitesh Mehra, senior vice-president, and general counsel of travel startup MakeMyTrip, and Arnab Mahadani, the legal counsel at Culver Max Entertainment, formerly Sony Pictures Network India<\/a>.
In November 2022, the Ministry of Electronics and Information Technology<\/a> put up the draft Bill for stakeholder consultation. The ministry initially granted 30 days for stakeholders to submit their views on the issue and later extended it by another 15 days to January 2.
The draft Bill is different from the older versions.
For instance, it is simpler and concise, and at 24 pages, is also likely to be the smallest among major bills to have been drafted by the government.
This approach is a “breath of fresh air”, Mehra said.
“The more the prescriptive nature of the draft, the more lateral ideas get into it. The earlier bill straitjacketed the entire (data protection) regime and the basic purpose was getting lost. This (DPDP Bill) does not get too prescriptive and sets the first principles of basic accountability and governance rules,” Mehra said.
Despite its brevity, the draft has managed to achieve what it aimed for and will not need additional legislations in future to support its execution, Kaur said.
The draft, she said, will have more clarity and granularity as the process of implementation of the law gets underway. At this point, it understands and accepts the level of maturity of the audience it will cater to and, hence, achieves its objectives, she said.
“It does not get into the specificities and understands that the European individual is going to be different from an Indian individual at this point, given their (an Indian’s) understanding of data protection. I think this (draft) Bill achieves a lot more than what it was trying to accomplish in 2019. The 2019 Bill was too much too soon,” Kaur said.
The latest draft also ensures that in the privacy regime, data fiduciary, data processor and the data principal understand their respective rights, obligations, and duties, Mahadani said.
“India is in a state where they (government) are striving to implement a robust privacy Bill. And for that, the data principal, the data fiduciary and data processor must become aware and cognisant of their rights and responsibilities,” he added.
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给公司两年遵守新的个人数据规则,专家说
这将允许企业做出任何“行为修正”之前可能需要严格执行法案的规定,专家的意见,他们的一部分等圆桌会议由EY、组织说。
中包含的条款草案DPDP 2022年法案旨在使其成为“法律行为”,将带来一个“隐私和数据保护方式的文化转变是在印度,”专家说。
讨论也出席了Kulbir考尔,法医和诚信实践是印度的合作伙伴;语用、高级副总裁和首席法律顾问启动MakeMyTrip的旅行,和Arnab Mahadani,斑鸠的法律顾问马克斯•娱乐之前索尼网络印度。
2022年11月,电子和信息技术把利益相关者磋商的草案。外交部最初为利益相关者获得30天提交他们的观点在这个问题上,后来扩展另一个15天1月2日。
旧版本的草案是不同的。
例如,它更简单,简洁,在24页,也可能是最小的主要法案中由政府起草的。
这种方法是一个“呼吸新鲜空气”,用表示。
“草案规定的特性越多,越横向想法进入它。早些时候比尔多次通过说客整个数据保护制度和基本目的是迷路。这(DPDP比尔)不太规范的,集第一原则的基本责任和治理规则,”用说。
尽管它简洁,草案已经达到它的目的,不需要额外的未来立法来支持其执行,考尔说。
她说,草案将会有更多的清晰和粒度的过程开始实施法律。在这一点上,它理解和接受观众的成熟度级别会迎合,因此,实现了目标,她说。
“它不进入欧洲的特异性和理解个体是不同于一个印度个人在这一点上,考虑到他们(印度的)数据保护的理解。我认为这(草案)》议案获得更多比2019年要完成什么。2019年的法案是太多太快,”考尔说。
最新的草案还确保隐私制度,信托数据,数据处理器和数据主要理解各自的权利、义务和职责,Mahadani说。
“印度是在一个国家(政府)正努力实现一个健壮的隐私法案。为此,主要的数据,数据信托和数据处理器必须意识到,清楚自己的权利和责任,”他补充道。
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The government should give companies at least 24 months to comply with and implement the Digital Personal Data Protection<\/a> (DPDP) Bill<\/a> once it is passed, experts have said.
This would allow enterprises to make any “behavioural corrections” which may be needed before the provisions of the Bill are enforced strictly, the experts, who were part of an ET Roundtable organised by EY, said.
The provisions contained in the draft DPDP Bill of 2022 are aimed at making it a “behavioural law” which will bring in a “cultural shift in the way privacy and digital data protection is seen in India,” the experts added.
“It is essentially creating a whole ecosystem of privacy which possibly does not exist in the country so far because, as an individual citizen, we are always casual about giving our information,” said Amit Bhasin, the chief legal officer and general counsel of Marico Group<\/a>.
The discussion was also attended by Kulbir Kaur, partner of forensic and integrity practices at EY India; Hitesh Mehra, senior vice-president, and general counsel of travel startup MakeMyTrip, and Arnab Mahadani, the legal counsel at Culver Max Entertainment, formerly Sony Pictures Network India<\/a>.
In November 2022, the Ministry of Electronics and Information Technology<\/a> put up the draft Bill for stakeholder consultation. The ministry initially granted 30 days for stakeholders to submit their views on the issue and later extended it by another 15 days to January 2.
The draft Bill is different from the older versions.
For instance, it is simpler and concise, and at 24 pages, is also likely to be the smallest among major bills to have been drafted by the government.
This approach is a “breath of fresh air”, Mehra said.
“The more the prescriptive nature of the draft, the more lateral ideas get into it. The earlier bill straitjacketed the entire (data protection) regime and the basic purpose was getting lost. This (DPDP Bill) does not get too prescriptive and sets the first principles of basic accountability and governance rules,” Mehra said.
Despite its brevity, the draft has managed to achieve what it aimed for and will not need additional legislations in future to support its execution, Kaur said.
The draft, she said, will have more clarity and granularity as the process of implementation of the law gets underway. At this point, it understands and accepts the level of maturity of the audience it will cater to and, hence, achieves its objectives, she said.
“It does not get into the specificities and understands that the European individual is going to be different from an Indian individual at this point, given their (an Indian’s) understanding of data protection. I think this (draft) Bill achieves a lot more than what it was trying to accomplish in 2019. The 2019 Bill was too much too soon,” Kaur said.
The latest draft also ensures that in the privacy regime, data fiduciary, data processor and the data principal understand their respective rights, obligations, and duties, Mahadani said.
“India is in a state where they (government) are striving to implement a robust privacy Bill. And for that, the data principal, the data fiduciary and data processor must become aware and cognisant of their rights and responsibilities,” he added.
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