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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

COMPARATIVE ANALYSIS OF DPDP ACT 2023 AND GDPR CONCERNING CROSS-BORDER TRANSFER OF DATA, RIGHT TO PRIVACY, AND DATA BREACH DURING THE COVID-19 PANDEMIC – Umang Raitani & Anuj Deshmukh

Abstract

This scholarly examination compares the European Union’s General Data Protection Regulation and India’s Digital Personal Data Protection Act 2023. The research is structured around three pivotal aspects of data privacy laws: cross-border data transfer, data breaches during the COVID-19 pandemic, and the interpretation of Right to Privacy. The study scrutinizes the legal provisions regulating cross-border data transfer under GDPR and the DPDP Act 2023. It aims to discern the effectiveness of these regulations in safeguarding data during transactional exchange, a critical concern in our increasingly globalized digital space. The research further investigates the surge in data breaches during the COVID-19 pandemic. It examines the notable instances of the breaches, evaluates the response mechanisms, and assesses the efficiency in mitigating such violations. The right to privacy is the cornerstone of both the regulations. The research explores its legal interpretation and enforcement under GDPR and DPDP Act 2023, offering a comparative analysis that underscores their implications for individual privacy rights.

Keywords: – (COVID-19, Cross Border data transfer, Data Breach, Data transfer, Digital Personal Data Protection Act 2023(DPDP Act), General Data Protection Regulation (GDPR), Right to privacy)