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Volume 5, Issue 2
Title : Data Sovereignty Vs. Globalization: The Impact of India’s Data Protection Laws on its Localization and its Requirements on Cross Border Data Flow
Author : Anushree Chaudhary-1 , Dr. S.P.S Shekhawat-2
Abstract :
As nations increasingly prioritize data sovereignty to safeguard national security, privacy, and economic interests, globalization pushes for the seamless flow of data across borders to promote innovation and economic growth. India’s recent legislative efforts, particularly the Digital Personal Data Protection Act, 2023 (DPDPA), have sparked significant debate over the balance between these conflicting goals. The paper explores the conceptual underpinnings of data sovereignty and globalization, highlighting the tensions between them. It then delves into India’s evolving data protection framework, analyzing the specific provisions that mandate data localization and regulate cross-border data transfers. The analysis includes a review of the motivations behind these regulations, such as protecting citizens’ privacy and fostering domestic data-driven industries. Further, the paper evaluates the implications of these laws on India’s digital economy, international trade relations, and compliance with global norms. It also considers the responses of multinational corporations and foreign governments to India’s stringent data protection requirements. Through this analysis, the paper seeks to understand whether India’s approach to data protection can strike a balance between asserting data sovereignty and participating in the global digital economy. This research offers policy recommendations for harmonizing India’s data protection laws with international frameworks, ensuring that the country can both protect its citizens’ data and engage in the global data ecosystem. This research contributes to the broader discourse on how countries can navigate the complex interplay between data sovereignty and globalization in the digital age.
Keywords: Data Sovereignty, Globalization, Data Localization, Cross-Border Data flow, Data Privacy, GDPR, DPDPA
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