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Enacted two years back, it goes into implementation all throughout European Union borders of 28 European countries from 25th May 2018. This ends the two years of preparation window provided to all IT companies to align themselves radically different data regime. This is the new Data Gold Standard. A paradigm shift in the way we view data – creation, storage, usage, compliance, misuse & adjudication. A new enforcement mechanism has to fall in place. India is in the process of the creation of a Data Protection Act, in consequence to Hon’ble Supreme Court adjudicating that Privacy is a fundamental right.

General Data Protection Regulation, GDPR, readiness would be a boom for the India based organisations before our Data Protection Act is enacted shortly. GDPR gives a new mechanism to safeguard misuse of personal data. Personal data can used for only what it is designated for. Article 6 ‘Law of Processing, prescribes the details; consent, performance of contract, compliance with a legal obligation, protect vital interests of data subjects, performance of a task carried out in public interest & use of data for the purposes of the legitimate interests.

The ugly trade off of data was uncovered by whistleblower, Christopher Wylie, blowing off the lid of Cambridge Analytica & Facebook data nexus. Consequences can put the world in a disarray, with IT companies blatantly practicing data broking. Though GDPR penal fine provisions, the undercurrent of revamp it entails is epoch making. It forces enterprises to revisit the way they handle & process data of subjects; employees, customers, suppliers & business partners and prioritising & revamping current processes & systems to protect personal data.

GDPR provides the companies an opportunity to regain the ’trust’, so conspicuously missing. It opens a new professional avenue too, in the form of a Data Protection Officer, more so in Indian context. He is at the core of GDPR, formulating data protection strategy & making enterprises GDPR compliant.


Sanjay Sahay

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