The DPDPA 2023 applies to all entities managing Indian residents’ data, with stipulations for both local and international organizations.
Personal Data Definition
Clarifying the scope of ‘personal data’ under the DPDPA is crucial for aligning business practices with the Act’s expectations.
Data Governance Roles
- Data Fiduciaries are the primary decision-makers in the processing of personal data.
- Data Processors act under the direction of fiduciaries to handle data processing tasks.
- Data Principals are the individuals who own the personal data being processed.
Data fiduciaries must adopt specific practices for managing data, which are detailed in this essential section of the Act.
Data Principal Rights
The DPDPA grants data principals rights that echo the principles of GDPR, emphasizing individual data sovereignty.
The Act’s consent framework demands a new level of clarity and intentionality in data collection and processing.
Cross-Border Data Considerations
Requirements for cross-border data transfers are specified under the DPDPA, including protocols for breach notification.
Regulatory Compliance and Penalties
The enforcement mechanisms and penalties for non-compliance with the DPDPA are discussed, highlighting the necessity of adherence to the Act.