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India Mandates Data Deletion for Tech Companies

India’s DPDP Act mandates data deletion for tech giants. Learn how new rules impact e-commerce, gaming, and social media users. #DataPrivacy #India
New rules under India's Digital Personal Data Protection Act mandate e-commerce, gaming, and social media companies to delete user data within three years. #DPDP #DataPrivacy #India

New Delhi: The Indian government has taken a significant step towards strengthening data protection with the release of draft regulations under the Digital Personal Data Protection (DPDP) Act. These rules, unveiled by the Ministry of Electronics and Information Technology (MeitY) on January 3, 2024, introduce crucial provisions for how businesses and government agencies handle personal data.

One of the key highlights of the draft rules is the categorization of various types of data fiduciaries, including e-commerce platforms, online gaming companies, and social media platforms. These entities are now mandated to delete user data within three years of it no longer being required for its intended purpose. This move aims to enhance user privacy and control by minimizing the storage of personal information beyond its necessity.

The draft rules also outline specific timelines for data erasure across different categories of data fiduciaries. Before deleting any user data, platforms are obligated to provide at least 48 hours’ notice to the affected users. This allows individuals to access their data or request its retention if needed.

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The MeitY has invited public feedback on these proposed rules until February 18, 2024, through the MyGov portal. This public consultation period aims to gather input from stakeholders and ensure that the final regulations effectively address the evolving landscape of data privacy in India.

The DPDP Act, enacted by Parliament in August 2023, aims to establish a comprehensive legal framework for data protection in India. The draft regulations provide further clarity on key aspects of the Act, including data collection, consent management, safeguarding children’s data, and the establishment of the Data Protection Board.

These rules are expected to have a significant impact on how businesses operate in India, particularly those involved in e-commerce, online gaming, and social media. By mandating data deletion and providing users with greater control over their personal information, the Indian government aims to create a more privacy-conscious digital ecosystem for its citizens.

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