On 16 December 2021, the Joint Parliamentary Committee has published its report along with the finalised Data Protection Bill, 2021. When passed into law, this has the potential to change the way in which data is used by businesses.

India does not presently have an omnibus data protection legislation. Given the rising importance of technology-based businesses, the Parliament had undertaken an exercise to formulate India's data protection regime. On 11 December 2019, the Ministry of Electronics and Information Technology (MeitY) introduced the draft Personal Data Protection Bill, 2019 (PDP Bill) before the Parliament, which was referred to a Joint Parliamentary Committee (JPC) for further consideration. After carrying out a series of consultations with stakeholders, on 16 December 2021, the JPC published its report along with the finalised Data Protection Bill 2021 (DP Bill).

This update provides a brief overview of the key provisions of the DP Bill relating to the rights of data principals, obligations of data fiduciaries, grounds for which personal data can be processed, data breach reporting requirements, classification of significant data fiduciaries, and an enhanced penalty regime.

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