Published Paper Details:

In the past five years` Indian economy had witnessed a tremendous change with the introduction of `Digital India` and increase in the use of digital economy post demonetization. Post Aadhar and privacy judgement (K.S. Puttaswamy and Anr Versus Union of India, 2017) in India, there was a need for the regularisation and a legal framework for data protection and its related aspects. It was in this context, that Justice B.N.Srikrishna Committee was set up to look into the issue of data privacy and protection. Based on the recommendations, the Parliament came out with the draft Personal Data Protection Bill,2018 on July 27, 2018. The bill came only a few weeks after the General Data Protection Act, 2018 enacted by European Union came into force. Given the fact that the scenarios and the history behind the enactment of both laws were different, there are similarities and dissimilarities. The paper will focus specifically on the aspect of data localisation and data portability with respect to both the laws. Keeping the two in mind, it will study whether the proposed legislation in India is disguised in nature with reference to the sovereign`s ultimate right over the data. It will also critically analyse GDPR`s stand on data localisation and its conflict with its member countries like Germany, France and Bulgaria.