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Abstract
India’s data protection law is grossly inadequate in terms of personal data protection and privacy. While India is contemplating a separate law on personal data protection, this subject is currently dealt with by various laws. Irrespective of the inadequacies, laws of other countries, specifically the GDPR, have direct bearing on the processing and handling of personal data in India given their exterritorial scope. This paper explores the implication of the EU General Data Protection Regulation (GDPR) on Indian business. The paper reviews the state of data protection laws in India, followed by a review of GDPR and the implications of GDPR for Indian business. The paper argues that since India aims to be counted among the best, it would be wise to ensure that data protection laws are in sync with the best practices from across the world to maintain business competitiveness and ensure a level of personal data protection for its citizens.
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Author's Biography
R. Rajesh Babu is an Associate Professor of Law at the Indian Institute of Management Calcutta. He is currently the Editor-in-Chief of Decision — the IIM Calcutta flagship journal of management. His published research, and his research include and teaching interests are in international economic law, arbitration and adjudication, corporate liability, constitutional law, property rights, and law and public policy. His recent books Remedies under the WTO Legal System (2012) and Management Education in India: Perspectives and Practices, which he co-edited.
Suren Sista is an Assistant Professor of Marketing at the Indian Institute of Management Calcutta. He is a Fellow of the Indian Institute of Management Bangalore, and holds a Post-Graduate in Marketing Communications from Mudra Institute of Communications Ahmedabad, and a Bachelor of Science from Osmania University, Hyderabad. He was a Dr D C Pavate Research Fellow at Cambridge Judge Business School, University of Cambridge. Before his PhD he worked as a researcher at ORG-MARG and IMRB. Professor Sista’s ongoing research is in the area of marketing, relationship marketing, sports marketing, research methods, the confluence of marketing and law, green marketing, and marketing education. He teaches core marketing courses and elective courses in relationship marketing at IIM Calcutta. Indian Institute of Management Calcutta, Diamond Harbour Road, Joka, Calcutta, West Bengal 700104, India