Differences and similarities between

Indian IT Act & GDPR (General Data Protection law)

 

 

Rights
Similarities: Some rules under the IT Act loosely correspond to rht rights under GDPR. These are rights to rectification, right to be informed and the right to withdraw consent. Differeces: Unlike the GDPR, IT Act does not use the word 'Right'. IT Act excludes reference to some important rights given in GDPR. These are right of access, right to restrict processing, right to data portability, right to obhect, right to erasure, right in relation to automated decision making and profiling.

Consent
Similarities: Consent prior to data collection is needed. The provider has the option to withdraw consent. Differeces: GDPR defines consent. It lists special conditions for child's consent. It requires demonstration of consent by the data controller.

Punishment for disclosure of information
Similarities: Both provide a provision for fines in case of breach. Differences: GDPR imposes civil liability only. IT Act imposes criminal liability also.

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