Section 38 — Consistency with other laws

What this section requires

The Act is in addition to, not in derogation of, any other law in force. Where the Act conflicts with another law, the Act prevails to the extent of that conflict.

Who it applies to

Every Data Fiduciary and Data Processor whose obligations under other Indian law might overlap or conflict with the DPDP Act — this section governs how that overlap is resolved, not a standalone duty.

Checklist

• Where the DPDP Act and a sectoral law (banking, healthcare, telecom, and so on) appear to set different requirements for the same processing, treat the DPDP Act as prevailing only to the extent of the actual conflict — the two are meant to stack wherever they don't genuinely clash.

Penalty exposure

Not applicable — this is a conflict-resolution rule, not an obligation the Schedule penalises.

Implementation timeline

In force since 13 November 2025.