India’s Digital Personal Data Protection (DPDP) Act, 2023: A New Era of Data Privacy

India’s DPDP Act 2023 marks a significant leap towards safeguarding personal data in the digital age. The Act emphasizes individual rights and corporate accountability in handling digital personal data.

Salient Points

• Consent-Based Data Processing: Organizations must obtain explicit consent for collecting and processing personal data.
• Rights of Individuals: Individuals have rights like Right to Access, Right to Correction, Right to Forget, and even the Right to Nominate someone to manage their data after death.
• Scope: Applies to businesses in India and abroad that process personal data of Indian residents.
• Penalties: Non-compliance can result in hefty fines, ensuring organizations take data privacy seriously.
• Data Fiduciaries: Companies must implement data protection measures, respond to data breaches, and comply with individuals’ data rights.
• Data Protection Board: Set up to handle grievances, disputes, and ensure compliance with the Act.
• Data Protection Officer (DPO): Companies processing large amounts of sensitive data must appoint a DPO to oversee data protection strategies and ensure compliance.
• Data Processor: Third parties handling data on behalf of Data Fiduciaries must ensure security and privacy standards are met and are accountable for the data they process.
• Consent Manager: Individuals can engage a Consent Manager, an entity empowered to manage, review, and withdraw consent on behalf of the individual, offering better control over personal data.