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#NAMA: PDP Bill needs to address issues around adequacy

EU, European Union, GDPR

“As far as the big MNCs are concerned, the [compliance] burden is only a delta on top of what GDPR’s is because fortunately we had to get ready for the GDPR,” S. Chandrasekhar, group director of policy and government affairs at Microsoft India, said, continuing, “We are only concerned now more about the provisions that are going much further than the GDPR such as non-personal data and other things because we need to calibrate our engineering effort to make agreements and stuff like that. The additional burden is significant but cannot be computed adequately because of lack of clarity.” On the other hand, Tarun Dua, CEO of E2E Network Limited, a company that provides cloud services to MSMEs in India, pointed out that, “Per capita income in the European Union which has GDPR, and in India are very, very different. Thus, the kind of technical skills that [MSME] businesses would be able to afford in the US or Europe would be very, very different from the kind of technical talent that is accessible to Indian businesses.” The Bill expects companies to rearchitect their databases so that they can classify data and then potentially erase or forget data of small Indian customers, but “do we really want that the 62 million MSMEs in India have access to that kind of programming talent or database management today?” Dua asked. “Onerous requirements which are like a moving target would be detrimental to MSMEs in India” and they would be completely dependent on large…

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