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India’s technology law framework is set to undergo a major overhaul in 2023 with the introduction of the Digital India Act (DIA) to replace the 20-year-old Information Technology Act. The DIA is expected to address issues such as online safety and trust, accountability, quality of service, grievance redressal, and harms caused by new technologies. Replacing the IT Act will be a challenge as it covers a wide range of topics, including cyber offences, lawful interception, and personal data protection. The DIA aims to establish a coordinated cyber security incident response procedure, redefine intermediaries, and create a regulatory framework for the new forms of online harm. The DIA will also regulate content regulation and monetisation, high-risk artificial intelligence systems, and market power concentration. The government’s Digital Personal Data Protection Bill, 2022, is also expected to become law soon, providing comprehensive data protection frameworks by governing processing of personal data within and outside India, with the location of processing being irrelevant. The DPDP Bill limits compliance requirements for non-resident data principals but offers remedies to personal data breach complaints lodged with the enforcement authority under the DPDP Bill.
