Section 38: Consistency with other laws

←Sec. 37: Power of Central Government to issue directionsSec. 37 Sec. 39: Bar of jurisdictionSec. 39→

Simple Explanation

Section 38 establishes the relationship between the DPDP Act and other laws: 1. Additional Protection: The DPDP Act adds to existing laws; it does not replace them. 2. Conflict Resolution: If there is a conflict between the DPDP Act and any other law, the DPDP Act wins (to the extent of the conflict). This ensures that existing sectoral regulations (banking, health, telecom) continue to apply, but where the DPDP Act provides stronger protections, those stronger standards prevail.

Key Points

✓DPDP Act is in addition to other laws
✓Does not replace existing legislation
✓In case of conflict, DPDP Act prevails
✓Ensures highest standard of data protection applies

Official Text (Summary)

The provisions of this Act are in addition to, and not in derogation of, any other law. In case of conflict, the provisions of this Act prevail to the extent of such conflict.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

More Sections in Chapter IX

Sec. 35 Sec. 36 Sec. 37 Sec. 38 Sec. 39 Sec. 40 Sec. 41 Sec. 42 Sec. 43 Sec. 44

All Chapters

I. Preliminary II. Obligations of Data Fiduciary III. Rights and Duties of Data Principal IV. Special Provisions V. Data Protection Board of India VI. Powers, Functions and Procedure to be Followed by Board VII. Appeal and Alternate Dispute Resolution VIII. Penalties and Adjudication IX. Miscellaneous

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