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Technology
25 March 2025

New Regulations Transform Data Privacy Landscape In Asia

India, Philippines, and Taiwan lead the way in personal data protection initiatives

The emerging landscape of data privacy regulations in India, the Philippines, and Taiwan marks a significant shift towards protecting personal data in the digital age. As technology advances, the safeguarding of personal data has become paramount, prompting comprehensive frameworks like the Digital Personal Data Protection Act (DPDP Act) in India and similar initiatives in the other two countries.

In 2023, India took a bold step forward by enacting the DPDP Act, which represents a new era in data protection. According to Ministry of Electronics and Information Technology (MeitY) officials, this Act is anticipated to enhance personal data protection significantly. Following its enactment, the government released the Draft Digital Personal Data Protection Rules, 2025, inviting stakeholder consultation that concluded on March 5, 2025. During this phase, a two-year transition period is being considered to help businesses align their operations with the new regulations.

Currently, the previous framework established by the 2011 Sensitive Personal Data or Information (SPDI) rules continues to operate as the guiding structure for data handling in India. However, industry experts warn that these foundational rules may lack the rigor needed for effective compliance with the forthcoming DPDP Act. This transition could prove complex, especially for startups and small enterprises which may not possess the necessary resources to implement these changes effectively.

Expectedly, the design of the DPDP Act, although a significant step forward in data protection, invites certain uncertainties. For instance, provisions pertaining to cross-border data transfers require compliance with various sector-specific regulations. This creates an additional layer of complexity as businesses navigate the implications of sharing information across borders.

Meanwhile, in the Philippines, the Data Privacy Act (DPA) of 2012 continues to play a vital role in personal data protection. The DPA was introduced in response to the threats posed to personal data, particularly with a booming outsourcing sector leading to increased data handling. Enforced under the oversight of the National Privacy Commission (NPC), the DPA has established a framework for both the public and private sectors, thereby ensuring extensive compliance on multiple fronts.

The DPA is designed to protect personal data processing irrespective of the data subject's location. This ensures that Philippine citizens, regardless of whether they reside domestically or abroad, enjoy certain protections. The law defines personal information and distinguishes it from sensitive data, outlining rights for data subjects that align with global standards.

Just like India and the Philippines, Taiwan also aspires to boost its data protection efforts through the establishment of a dedicated regulatory body. The Personal Data Protection Commission (PDPC) was set up in December 2023 and will start operations in August 2025. This development reflects an increasing acknowledgment of the need for robust personal data regulations and compliance requirements, thereby improving privacy safeguards for individuals in Taiwan.

The PDPC will oversee the implementation of the Personal Data Protection Act (PDPA), which governs all aspects of personal data protection, including the handling, processing, and sharing of personal data. A key component of the law involves ensuring informed consent before personal data can be utilized, thus placing substantial responsibility on both governmental and private entities to adhere to these protocols.

As the landscape of data protection continues to evolve, challenges remain prevalent in meeting compliance with these new regulations. For instance, the ambiguous language regarding certain provisions and the lack of clarity could foster complications for organizations striving to meet the compliance threshold.

Speaking at an HR industry event, Amrita Singh, Head HR at Uno Minda, emphasized, “The rapid pace of technological advancements necessitates proactive thinking to prevent disruptions before they escalate into security threats.” The shared responsibility for data protection among various departments within organizations and compliance with legal frameworks highlights the importance of collective engagement.

Poonam Mathur, Senior HR Business Partner at GE, reinforced this sentiment, stating, “Data privacy extends beyond IT — it is a collective responsibility of HR and leadership.” With new regulations like the DPDP Act requiring explicit employee consent for sharing data, the collective role of leadership in embedding privacy awareness can not be overstated.

The dialogue surrounding data protection reflects a broader shift towards recognizing privacy not merely as a mandate but as a fundamental right in a connected world. Ensuring this protection requires continual updating of practices and strategies to adapt to evolving regulatory demands.

In conclusion, as India, the Philippines, and Taiwan implement these significant shifts in their legal frameworks concerning data privacy, aligning with international standards will enhance privacy protections while fostering an environment of trust among data subjects. The complexities and operational challenges posed by these new regulations call for a commitment from all sectors of society to reinforce the sanctity of personal data.