The Digital Personal Data Protection Act (DPDPA) is a landmark piece of legislation that has reshaped the regulatory environment for data privacy in India. With its stringent requirements, the DPDPA presents new challenges for corporations, particularly in terms of compliance, data breaches, and cross-border data transfers. This article explores the DPDPA, its rationale, and its impact on corporate disputes.
What is DPDPA?
The Digital Personal Data Protection Act (DPDPA) is a comprehensive legal framework aimed at regulating the collection, storage, processing, and transfer of personal data in India. It requires organizations to obtain explicit consent from individuals before collecting their data, enforce strict security measures, and respect individuals' rights to access, correct, and delete their data. The act also imposes heavy penalties for non-compliance.
The DPDPA was introduced to address rising concerns over data privacy in the digital era, where the misuse of personal information by companies became increasingly prevalent due to the absence of robust data protection laws. It aims to protect privacy rights, align India with global data protection standards, and encourage greater accountability.
Passed by Parliament in August 2023 and receiving presidential assent shortly after, the DPDPA's implementation rules are currently under public consultation. These rules will further solidify data protection laws and address issues such as AI-driven misinformation and deepfakes until a broader Digital India Act is introduced.
To Whom is DPDPA Applicable?
The DPDPA is applicable to any organization that processes personal data, regardless of whether the data processing occurs within or outside India, as long as the data pertains to individuals in India. This includes:
- Businesses Operating in India: Any company that collects, stores, or processes the personal data of individuals residing in India must comply with the DPDPA.
- Foreign Entities: The act also applies to foreign entities that process the personal data of Indian residents, even if the data processing takes place outside India.
- Government Bodies: While government bodies are generally subject to the act, there are certain exemptions provided for national security, law enforcement, and public order.
- Data Processors and Controllers: Both data controllers (who determine the purpose and means of processing) and data processors (who process data on behalf of a controller) are subject to the provisions of the DPDPA.
What is its Impact?
The introduction of the DPDPA has had significant implications for corporations in India:
- Increased Compliance Obligations: Corporations are now required to comply with a comprehensive set of data protection standards. Non-compliance can result in disputes with both individuals and regulatory authorities, leading to substantial fines and reputational damage.
- Data Breach and Cybersecurity Litigation: The DPDPA mandates robust cybersecurity measures, making companies more vulnerable to litigation if a data breach occurs due to inadequate protection.
- Disputes Over Data Subject Rights: With enhanced rights granted to individuals under the DPDPA, corporations may face disputes over the handling of data subject requests, such as data deletion or correction.
- Cross-Border Data Transfer Issues: The DPDPA restricts the transfer of personal data outside India, creating potential conflicts if companies fail to comply with these regulations.
- Regulatory Enforcement and Penalties: The DPDPA introduces severe penalties for non-compliance, with the Data Protection Board empowered to levy significant fines on corporations.
Case Example
One notable case that underscores the importance of robust data protection practices in India is the Aadhaar Data Breach Controversy. Aadhaar, the world's largest biometric ID system, has been subject to multiple allegations of data breaches over the years. Although these incidents occurred before the DPDPA was enacted, they highlighted the critical need for stronger data protection laws. The breaches involved unauthorized access to the personal data of millions of Indian citizens, including biometric information. These incidents sparked widespread debate over data privacy and were a driving force behind the introduction of the DPDPA.
How Ankura Can Help
Navigating the DPDPA requires specialized expertise, and Ankura is here to provide the necessary guidance. We offer a range of services tailored to help corporations comply with the DPDPA and minimize the risk of disputes:
- Proactive Compliance Programs: We develop and implement data protection policies tailored to your business, ensuring compliance with the DPDPA. Our services include regular audits, risk assessments, and the creation of a compliance roadmap that aligns with your corporate goals.
- Cybersecurity Enhancements: Our cybersecurity experts work with your IT team to strengthen your defences against data breaches. We provide ongoing support to maintain and upgrade your security infrastructure, reducing the risk of breaches that could lead to costly litigation.
- Legal Preparedness and Dispute Resolution: Our legal consultants are experts in data protection law and are equipped to handle disputes related to the DPDPA. Whether you are facing litigation or need to manage complex data subject requests, we provide the expertise and representation needed to protect your interests.
- Cross-Border Compliance Management: For corporations operating internationally, we offer specialized advice on managing cross-border data transfers. Our team ensures that your global operations comply with both Indian and international data protection regulations, helping you avoid disputes and penalties.
Conclusion
The DPDPA represents a significant regulatory development with far-reaching consequences for corporations in India. By understanding the requirements of the DPDPA and implementing effective compliance strategies, companies can mitigate the risks of disputes and ensure they are well-prepared to operate in this new legal landscape. Our consulting firm is dedicated to helping you navigate these challenges, ensuring your business remains compliant and protected.
Contact Amit Jaju to learn more about how we can help your organisation succeed under the DPDPA.
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