The Ministry of Electronics and Information Technology (MeitY) on 18 November 2022, released the draft Digital Personal Data Protection Bill, 2022 (the “Draft Bill”) wherein the public may submit their feedback by 17 December 2022.

As a backdrop, it is pertinent to note that MeitY withdrew the Personal Data Protection Bill, 2019 in August 2022 and thereafter, published this Draft Bill to address the lacunae of the previous Bill.

The Draft provides for the processing of digital personal data for lawful purposes and for matters connected therewith or incidental thereto.

Some of the key highlights of the Draft Bill include the following:

·         Deemed Consent;

·         Additional obligation in relation to processing of personal data of children;

·         Transfer of personal data outside India;

·         Establishment of the Data Protection Board of India;

·         Imposition of financial penalty on non-compliance (not exceeding INR 500 crores)

Link of the Draft Bill – https://www.meity.gov.in/writereaddata/files/The%20Digital%20Personal%20Data%20Protection%20Bill%2C%202022.pdf

Nitin Abhishek

Trademark Attorney

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