Topics In Demand
Notification
New

No notification found.

Nasscom’s Feedback on the Draft Digital Personal Data Protection Rules, 2025
Nasscom’s Feedback on the Draft Digital Personal Data Protection Rules, 2025

March 6, 2025

63

0

Nasscom has engaged extensively with the technology industry to identify possible measures to strengthen the Draft Rules and submitted detailed feedback on the Draft Digital Personal Data Protection Rules, 2025 (draft Rules) under the Digital Personal Data Protection Act, 2023 (DPDP Act), published by the Ministry of Electronics and Information Technology (MEITY) for public consultation on January 03, 2025.

We appreciate the consultative approach undertaken by MEITY to proactively engage with the industry and other stakeholders on the draft Rules in a meaningful manner. The attempt at the use of plain language and illustrations is also welcome. There is further scope for providing clarity on the draft Rules by use of illustrations, and we have made suggestions for the same in our specific comments.   

We have highlighted our reservations on the new proposal in the draft Rules to restrict transfer of personal data outside India by a Significant Data Fiduciary. This does not appear to be compatible with the perimeter of restrictions on international data transfers codified in Section 16 of the DPDP Act.  The ability of such a restriction to afford meaningful additional safeguards for the processing of personal data remains at best questionable and could run the risk of being seen akin to a non-tariff barrier.

This proposal undermines the ability of stakeholders to understand the intent of Parliament as the possibility of such an obligation could not be envisaged from a reading of the Act. It risks causing unintended uncertainty about international data transfers.

To avoid such unintended risks, we have provided an alternative formulation, in the Specific Comments of the feedback, that we believe could meet the data protection objectives while ensuring adequate flexibility to the data fiduciaries in determining the means of data processing.

Going forward, based on our interactions with industry, the need for authoritative guidance on operationalising the Act will continue, and the Rules should provide an enabling mechanism to provide such guidance.

Our suggestions for other proposals under the draft Rules are provided in the Specific Comments Section of the feedback, which is attached below for reference.      


That the contents of third-party articles/blogs published here on the website, and the interpretation of all information in the article/blogs such as data, maps, numbers, opinions etc. displayed in the article/blogs and views or the opinions expressed within the content are solely of the author's; and do not reflect the opinions and beliefs of NASSCOM or its affiliates in any manner. NASSCOM does not take any liability w.r.t. content in any manner and will not be liable in any manner whatsoever for any kind of liability arising out of any act, error or omission. The contents of third-party article/blogs published, are provided solely as convenience; and the presence of these articles/blogs should not, under any circumstances, be considered as an endorsement of the contents by NASSCOM in any manner; and if you chose to access these articles/blogs , you do so at your own risk.


Download Attachment

DraftDPDPArules_nasscom_submission.pdf

images
Dhananjay Sharma
Senior Associate

© Copyright nasscom. All Rights Reserved.