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A sectoral law already imposes a stricter restriction on transferring a class of personal data outside India than anything the Central Government has notified under the Digital Personal Data Protection Act, 2023. What is the effect under Section 16(2)?

The stricter sectoral law continues to apply. Section 16(2) of the DPDP Act, 2023 provides that nothing in that section restricts any Indian law in force giving a higher degree of protection or restriction on cross-border transfer of personal data.

  1. AThe stricter sectoral law continues to apply, as Section 16 does not restrict any law providing higher protection or restriction on such transferCorrect
  2. BThe Act overrides the sectoral law, so only notified restrictions apply
  3. CThe sectoral law lapses until the Central Government notifies the country concerned
  4. DBoth laws are void to the extent of the conflict

Explanation

Section 16(2) says nothing in the section restricts the applicability of any law in force in India that provides a higher degree of protection or restriction on transfer of personal data outside India. So the stricter sectoral law continues to operate alongside the Act.

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