The Digital Personal Data Protection Act, 2023 & its Implications for the Pharma Industry
This blog provides one with the implications of the DPDP Act 2023 on the Pharma Marketing domain at the Now & Next Summit in Pharma Marketing 2023.
The panel introduces the DPDP Act of 2023 and emphasizes its importance to the pharmaceutical industry. The discussion is led by two experts – Ms. Varsha Rajesh – who’s a Member of Pharmaceutical, Lifesciences, and Digital Health Practice at Nishith Desai Associates – Legal & Tax Counseling Worldwide, and Ms. Tanisha Khanna who is a Senior Member of Technology and Data Privacy Practice at Nishith Desai Associates – Legal & Tax Counseling Worldwide along with Mr. Sourav Das as the moderator of the session.
The DPDP Act is focused on regulating personal data, specifically digital personal data, and applies to processing activities both within India and abroad, as long as they are related to goods or services offered in India.
However, data voluntarily shared by individuals is excluded from the Act’s coverage. The Act involves various stakeholders, including data fiduciaries (controllers), data processors, and individuals whose data is being processed. It outlines obligations and compliance measures for data fiduciaries to ensure adherence to the DPDP Act, with processing grounds primarily based on consent and legitimate uses.
There may be exemptions for non-profit research activities. The panel also addresses the need to align the DPDP Act with existing data-related obligations within the pharmaceutical industry, especially in the realm of clinical research. It delves into the complexities of cross-border data transfers and their implications for research involving international technology providers.
The panel concludes by highlighting the challenges faced by the pharmaceutical industry in adopting compliance with the DPDP Act, including the need to review existing data sets, identify data fiduciaries, and actively engage with policy efforts for rule formulation.
This discussion sheds light on the critical aspects of the DPDP Act of 2023, emphasizing its impact on data handling, patient privacy, and marketing practices within the pharmaceutical industry. The panelists provide valuable insights on compliance and challenges faced by the industry in adapting to this new regulatory landscape.