Navigate India's Digital Personal Data Protection Act, 2023 with confidence. We help organizations implement consent management, data principal rights workflows, Data Protection Officer frameworks, cross-border data transfer assessments, and breach notification procedures.
Compliance / DPDP Act Compliance
The Digital Personal Data Protection Act, 2023 (DPDP Act) is India's comprehensive data protection legislation that governs the processing of digital personal data. The Act establishes obligations for Data Fiduciaries (organizations that collect and process personal data) and rights for Data Principals (individuals whose data is processed). Key requirements include obtaining valid consent before processing personal data, providing clear notice about data usage, implementing reasonable security safeguards, appointing a Data Protection Officer for Significant Data Fiduciaries, enabling data principal rights such as access, correction, and erasure, and establishing breach notification procedures. Non-compliance can result in penalties up to ₹250 crore per instance.
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• Legal Compliance: Meet the mandatory requirements of India's data protection law, avoiding penalties of up to ₹250 crore and reputational damage from enforcement actions.
• Customer Trust: Demonstrate responsible data handling practices to customers and data principals, building confidence in your organization's commitment to privacy.
• Structured Data Governance: Establish clear policies for data collection, processing, storage, and deletion that improve operational efficiency and reduce data sprawl.
• Cross-Border Readiness: Implement proper assessments and safeguards for international data transfers, enabling compliant global operations while adhering to government-notified restrictions.
• Incident Preparedness: Build breach notification workflows and response procedures that meet the Act's reporting requirements to the Data Protection Board of India.
The DPDP Act applies to all organizations (Data Fiduciaries) that process digital personal data of individuals in India, regardless of where the organization is located. It also applies to processing of personal data outside India if it is in connection with offering goods or services to individuals in India. Both private companies and government entities are covered under the Act.
Data Principals have the right to access information about their personal data being processed, the right to correction and erasure of inaccurate or outdated data, the right to grievance redressal, and the right to nominate another person to exercise these rights in case of death or incapacity. Organizations must implement clear mechanisms for data principals to exercise these rights.
The Central Government may designate certain Data Fiduciaries as Significant Data Fiduciaries based on the volume and sensitivity of personal data they process, potential risk to data principal rights, and other factors. Significant Data Fiduciaries have additional obligations including appointing a Data Protection Officer based in India, conducting periodic Data Protection Impact Assessments, and undergoing independent audits.
The DPDP Act prescribes monetary penalties of up to ₹250 crore for the most severe violations, such as failure to implement reasonable security safeguards resulting in a data breach. Other violations carry graduated penalties. The Data Protection Board of India is the adjudicatory body responsible for investigating complaints and imposing penalties.
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