Cultural Influences on Data Protection

<jats:p>This chapter explores how different cultural interpretations of privacy lead to different interpretations of data protection regulations and compares the EU's GDPR with India's Digital Personal Data Protection Act. Using a comparative legal methodology to examine laws, policies, and landmark court decisions, including Schrems II and Puttaswamy, the study contrasts the EU's individual-rights-based approach to privacy with the Indian collective, state-focused approach. Key differences between the two laws with respect to enforcement, cross-border data flows, and exemptions for state entities are identified. The study argues that although the GDPR creates a global benchmark for data protection, the local adaptations in the DPDPA highlight a need to find a proper balance between privacy protection and providing the conditions for economic growth. The study suggests that developing a hybrid, culture-respecting framework for regulating cross-border data flows is essential to effectively create harmony among privacy regimes globally and provide for a robust digital marketplace.</jats:p>