Crossing Borders: Comparative Perspectives on Data Protection Laws in India, the EU, and the US

Abstract

In an era where digital data transcends territorial boundaries, the imperative to establish robust and harmonized data protection regimes has gained unprecedented significance. This research article, titled “Crossing Borders: Comparative Perspectives on Data Protection Laws in India, the EU, and the US”, critically examines the evolution, scope, and effectiveness of data protection frameworks in three key jurisdictions. The European Union’s General Data Protection Regulation (GDPR) is often hailed as the gold standard for data privacy, with its rights-based approach and stringent compliance mechanisms. In contrast, the United States adopts a sectoral and market-driven model, where privacy regulation varies by industry and is deeply influenced by commercial interests. India, poised at a regulatory crossroads, is in the process of enacting the Digital Personal Data Protection Act, 2023, which reflects a hybrid model influenced by both EU and US systems, yet tailored to its constitutional and socio-economic context. The article undertakes a comparative legal analysis to identify strengths, gaps, and convergence points among these regimes, especially in relation to consent, data localization, enforcement, and individual rights. It further interrogates how these differences impact global data governance, cross-border data flows, and the protection of fundamental rights in a digitized world. By highlighting the challenges of legal interoperability and proposing pathways for regulatory coherence, the study contributes to the ongoing discourse on data sovereignty, privacy ethics, and the future of digital governance.