Law · Legal Aptitude
An Indian citizen has been working continuously for a multinational corporation (MNC) in New Zealand since 2021. If the data processing and storage occur entirely within New Zealand by the foreign entity for employment purposes, how does the Digital Personal Data Protection Act (DPDPA), 2023 apply?
- 1The law mandates that all foreign MNCs must mirror the data of Indian citizens in local servers within India.
- 2The DPDPA 2023 is not applicable since the digital personal data is processed outside India by an entity outside India, without any connection to offering goods or services to data principals within India.✓
- 3The DPDPA applies fully because the data was originally collected before the enactment of the law.
- 4The citizen can file a valid application in India under DPDPA for any data processed abroad simply by virtue of holding Indian citizenship.
Correct answer
The DPDPA 2023 is not applicable since the digital personal data is processed outside India by an entity outside India, without any connection to offering goods or services to data principals within India.
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