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DATA PROTECTION BILL Tag

BananaIP Counsels > Posts tagged "DATA PROTECTION BILL"

SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 5

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Full text of the proposed bill can be accessed here. Penalties and Compensation A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically applicable provisions of the Bill. In case of breach of the following obligations, the data fiduciary may be liable for penalty up...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

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Full text of the proposed bill can be accessed here. Data Localization This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions. The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40). However, this obligation is not absolute, and allows for transfer of certain personal data under limited circumstances, as discussed below. Personal data, except sensitive personal data, may be transferred outside India under the following conditions: the transfer is made...

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