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Chapter 9 · Miscellaneous
Section 38 - Consistency with other laws
How the Act sits alongside other legislationThis positions the Act among India's other laws.
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This positions the Act among India's other laws. It is in addition to, and does not override, existing laws - so other protections keep working. But where a provision of another law directly conflicts with this Act, the DPDP Act prevails to the extent of that conflict.
Key points
- The Act is in addition to, not in derogation of, other laws.
- On a direct conflict, the DPDP Act prevails to the extent of the conflict.
Official section text
Section 38. Consistency with other laws.
(1)
The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.
(2)
In the event of any conflict between a provision of this Act and a provision of any other law for the time being in force, the provision of this Act shall prevail to the extent of such conflict.
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