CHAPTER IX

Section 38: Consistency with other laws

Chapter 9: Amendments to certain Acts. Sections 35-44

Consistency with other laws

38.1) 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.

Previous Section Chapter 9 - Section 37 Power of Central Government to issue directions Next Section Chapter 9 - Section 39 Bar of jurisdiction

Chapter 9: Amendments to certain Acts.

Protection of action taken in good faith

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Read section Section 36

Power to call for information

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Power of Central Government to issue directions

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Consistency with other laws

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Current section Section 39

Bar of jurisdiction

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Power to make rules

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Laying of rules and certain notifications

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Power to amend Schedule

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Power to remove difficulties

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Amendments to certain Acts

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Consent notice View Section 5

What should a DPDP-compliant consent notice include?

A DPDP-compliant consent notice should clearly explain what personal data is collected, why it is being processed, how consent is given, and how a data principal can withdraw consent or raise a request.

Consent View Section 6

How should consent be captured on the website?

Consent should be clear, specific, informed, and based on an affirmative action. Avoid vague bundled wording and make the consent choice easy to review later.

Legitimate uses View Section 7

Can processing happen without consent in some cases?

Yes. The Act recognizes certain legitimate uses, but teams should still document why that basis applies and make sure the actual data use stays within the allowed purpose.

Children data View Section 9

What extra care is needed for children data under the DPDP Act?

Children data needs stronger controls. Review age-gating, guardian consent flows where applicable, and product choices that could expose children to avoidable harm or inappropriate tracking.

Data principal rights View Section 11

What user rights should be easy to find on the website?

Under the DPDP Act, users should be able to easily understand and use their rights, including the right to access information about their personal data, the right to correction and erasure, the right to grievance redressal, and the right to nominate another person where applicable.

Grievance redressal View Section 13

What should a grievance process communicate?

It should clearly say where a complaint can be submitted, what information helps resolve it, and what timeline or follow-up users should expect.

Cross-border transfers View Section 16

How should businesses think about transfers outside India?

Teams should map where data is stored, which vendors receive it, and whether disclosures, contracts, and operational controls match the real transfer path.

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You can reach out for questions about the DPDP Act, partnerships, community support, and compliance-focused guidance.

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