India: India's Digital Personal Data Protection Act - What should United States companies do now?

In brief

Following a five-year legislative process, India's Digital Personal Data Protection Act (DPDP) received presidential assent on 11 August 2023. Practically speaking, the DPDP is not yet enforceable as the government still needs to establish the Data Protection Board of India (Board), which will serve as the enforcement authority for the law. The Board, in turn, must implement certain legally binding rules before the DPDP becomes fully operational. This process is expected to unfold over the next 8-12 months, although it could take longer and the national elections in 2024 may further delay the DPDP's implementation.

For now, US companies doing business in India should continue to comply with current privacy laws in India, which consist largely of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (SPDI Rules). In parallel, companies should monitor implementation developments and, when more concrete details emerge, consider how they will leverage existing GPDR and CCPA compliance mechanisms to help gear up for when the DPDP formally replaces and supersedes the SPDI Rules. 


Contents

Click here to read the full alert.

* * * * *

Copyright 2023 Bloomberg Industry Group, Inc. (800-372-1033) Reproduced with permission. India's Digital Personal Data Protection Act: What Should US Companies Do Now?


Copyright © 2025 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.