Applicability

By Reina Legal

11th December, 2019

You are covered under the Personal Data Protection Bill (“PDPB”) 2019 if:

  • If Indian processor – if they process any personal data, i.e.:
    • coverage extended to Government, Indian company, Indian citizens or any person created under Indian law if they process any personal data
    • Such data may even belong to foreign nationals
  • If personal data related to Indian processed – any person, i.e.:
    • applicable to processing of personal data of individuals, where such data has been collected, disclosed, shared or otherwise processed within the territory of India
    • Thus, overseas persons are also covered, if they do the above data related activities within the territory of India
  • Also applicable to foreign processors if the data processed is in connection with:
    • in connection with business carried on in India
    • in connection with activity of provision of goods or services to data processers in India
    • activity involves profiling of data principles in India
  • Not applicable to processing of anonymized data (i.e., irreversible process of transforming/ converting data to a form in which a data principal cannot be identified), with some limitations