/The Act · Chapter IX · Miscellaneous
Section 38: Consistency with other laws
DPDP Act, 2023 (No. 22 of 2023). In force since 13 November 2025.
- Provision
- Section 38 of The Digital Personal Data Protection Act, 2023
- Status
- In force since 13 November 2025 (phase 1) G.S.R. 843(E)
- Rules made under it
- None identified
- Source
- Ministry of Law and Justice (Legislative Department) · 11 August 2023 · Official PDF
The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.
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.
Section 38 explains how the Digital Personal Data Protection Act works alongside other laws in India. It states that the rules in this Act are meant to add to existing laws, rather than replace or reduce them. This means a person or business must follow this Act in addition to any other laws that currently apply to them.\n\nHowever, if there is a direct clash between a rule in this Act and a rule in another law, this Act takes priority. The Act will override the other law, but only to the extent of that specific conflict.
Key points
- The provisions of this Act apply in addition to any other existing laws, rather than replacing them (1).
- If a conflict arises between this Act and another law, the rules of this Act will override the other law (2).
- This overriding effect only applies to the specific extent of the conflict between the laws (2).
Common misreadings
- People might think this Act completely replaces older laws, but it actually applies in addition to them unless there is a direct conflict.
Interpretation prepared from the official text only, 9 September 2026. The official text above prevails.
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