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Establishing Robust Data Protection Governance: Mapping Organizational Needs to the DPDP Act 2023

Kiron Mullick ~ Modified: August 9th, 2024 ~ Data Privacy ~ 3 Minutes Reading

Chapter 5 of the Digital Personal Data Protection (DPDP) Act 2023 outlines the establishment, composition, and functioning of the Data Protection Board of India. Understanding and aligning these provisions with organizational needs is crucial for ensuring effective data governance and compliance. This article maps the organizational requirements to the relevant clauses of Chapter 5 of the DPDP Act 2023, helping businesses navigate their roles and responsibilities.

1. Establishment and Composition of the Data Protection Board

Relevant Clauses: Clauses 18, 19, and 20
Organizational Need: To understand the structure and qualifications for the Data Protection Board to align with regulatory expectations.

Mapping to DPDP Act:

  • Clause 18: Establishes the Data Protection Board of India as a body corporate with perpetual succession and the power to contract and sue or be sued.
  • Clause 19: The Board consists of a Chairperson and Members appointed by the Central Government, with qualifications in data governance, law, technology, and related fields.
  • Clause 20: Details the terms of service, including the salary, allowances, and tenure of the Chairperson and Members.

Action Steps:

  1. Familiarize with Board Structure: Understand the roles and responsibilities of the Board as a governing body.
  2. Identify Key Personnel: Ensure that the organization’s compliance team includes individuals with expertise in data governance, law, and technology.
  3. Align with Regulatory Expectations: Prepare for interactions with the Board by ensuring all data processing activities meet the standards set by the DPDP Act.

2. Disqualifications and Resignations

Relevant Clauses: Clauses 21 and 22
Organizational Need: To be aware of the disqualification criteria and resignation procedures for Board Members.

Mapping to DPDP Act:

  • Clause 21: Specifies disqualifications for Board Members, including insolvency, criminal convictions, physical or mental incapacity, conflicts of interest, and abuse of position.
  • Clause 22: Outlines the procedures for resignation, including the conditions under which a vacancy must be filled and post-resignation employment restrictions.

Action Steps:

  1. Monitor Compliance: Ensure that Board Members meet the eligibility criteria and remain free from conflicts of interest.
  2. Establish Clear Procedures: Develop internal policies for handling resignations and filling vacancies in compliance with the DPDP Act.
  3. Plan for Continuity: Prepare succession plans to maintain governance stability in case of vacancies or disqualifications.

3. Functioning and Proceedings of the Board

Relevant Clauses: Clauses 23 and 24
Organizational Need: To understand the procedural aspects of the Board’s functioning and its administrative capabilities.

Mapping to DPDP Act:

  • Clause 23: Details the Board’s procedural rules for meetings, decision-making, and handling irregularities.
  • Clause 24: Allows the Board to appoint officers and employees necessary for its functions, with prior approval from the Central Government.

Action Steps:

  1. Engage with Board Procedures: Stay informed about the Board’s procedural rules and ensure the organization can respond effectively to its directives.
  2. Appoint Qualified Staff: Hire or designate personnel with the required expertise to support interactions with the Board.
  3. Ensure Compliance: Develop processes to comply with the Board’s administrative and procedural requirements.

4. Powers and Responsibilities of the Chairperson

Relevant Clause: Clause 26
Organizational Need: To understand the powers and responsibilities of the Chairperson for effective governance.

Mapping to DPDP Act:

  • Clause 26: Empowers the Chairperson with general superintendence, direction of administrative matters, authorization of officers, and allocation of functions.

Action Steps:

  1. Recognize Chairperson Authority: Respect the Chairperson’s authority in administrative and procedural matters.
  2. Collaborate Effectively: Ensure clear communication channels between the organization and the Chairperson for seamless governance.
  3. Implement Directives: Develop mechanisms to quickly implement the Chairperson’s directives within the organization.