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DPDP reference

Section 38

Act to have overriding effect

Makes the Act additional to other laws, and gives it primacy where a conflict cannot be reconciled.

Read this before you cite anything here

These pages are a plain-English restatement, written to help you find the right provision and understand what it asks of you. They are not the text of the statute, and nothing here should be quoted as though it were. Section and rule numbers are exact, and every page names its source.

What it says

01
The Act is in addition to and not in derogation of any other law in force. Where a provision of the Act is inconsistent with another law, the Act prevails to the extent of that inconsistency.

In practice

Sectoral rules survive alongside the Act rather than being displaced by it, so an RBI or IRDAI obligation still applies in full. Primacy only bites where the two genuinely cannot both be followed.

Read next

s.16Processing of personal data outside IndiaLets the Central Government restrict transfers of personal data to notified countries, and preserves stricter transfer rules found in other laws.s.17ExemptionsLists where most of the Act is switched off, including legal claims, regulatory functions, offshore contracts and research.

The DPDP brief

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