#dpdp act

[dpdp-consultants]

DPDPA Audit & Significant Data Fiduciaries

Imagine that a company in India, handling digital personal data, fails to comply with DPDPA rules due to its lack of transparent consent processes. So, unfortunately, they become exposed to legal consequences due to non-compliance and may even have to bear hefty fines of up to 250 Cr. 

As an organisation, you want to steer clear of any non-compliance issue and an audit can be a lifesaver. It identifies and rectifies such vulnerabilities and protects the company's reputation and builds customer trust. 

To put it simply, an audit is a proactive step to maintain data privacy, identify gaps, mitigate legal risks, and enhance your overall business integrity. 

In this blog, we bring you everything you must know about DPDPA audits and significant data fiduciaries so you are on the safe side.

What Is The DPDPA Framework?

The DPDP Act 2023 brings us a comprehensive data protection law that's set to protect and safeguard personal data. It has far-reaching implications for businesses operating in the country.

DPDPA places various responsibilities on organisations that handle personal data to protect individuals' privacy and ensure responsible data management practices. This includes: 

Getting free, specific, informed, unconditional, and unambiguous consent from individuals before collecting their personal data

Executing robust security safeguards to protect personal data from unauthorized access, accidental disclosure, acquisition, etc.

Granting individuals access to their data, as well as the right to correct, erase, or restrict its processing

In the unfortunate event of a data breach, organisations are obligated to notify the relevant authorities

It's also important to note that non-compliance with the DPDPA can result in penalties up to 250 cr.

Who Are Significant Data Fiduciaries?

In simple terms, a 'data fiduciary' under the DPDP is someone who, either alone or with others, decides why and how personal data is processed. This can include individuals, companies, associations, the government, or any other entity that controls personal data.

If the Central government identifies a data fiduciary or a group of them, they are called a Significant Data Fiduciary.

Source: Meity 

This decision is based on several factors, including: 

The volume and sensitivity of personal data processed

Risk to the rights of the Data Principal

Potential impact on the sovereignty and integrity of India

Risk to electoral democracy

Security of the State

Public order.

Additional Duties of Significant Data Fiduciaries 

A Significant Data Fiduciary has additional responsibilities on top of Data Fiduciary duties. This includes: 

Appointing a Data Protection Officer (DPO) - The DPO will represent the Significant Data Fiduciary under the provisions of the DPDP Act. However, they must be based in India. The DPO must also report to the Board of Directors or a similar governing body and be the point of contact for grievance redressal

Appointing an independent data auditor - The auditor evaluates the entity's compliance with the law

Conducting periodic Data Protection Impact Assessment (DPIA), which evaluates how personal data is processed, risks to individuals' rights, and other relevant details

Undertaking periodic audits to ensure ongoing compliance

Adopting additional measures as prescribed by law

Why Periodic DPDPA Audits Are Necessary?

A DPDPA audit falls under the additional responsibilities of a Significant Data Fiduciary.

It is mandatory for businesses in India to do a thorough DPDPA compliance audit. This audit can find any gaps in compliance and help take corrective measures to make sure they're following the law.

These audits can be incredibly beneficial, and here’s why you need them. 

Regular DPDPA audits help you protect individuals' privacy in compliance with the law

It helps identify potential risks and vulnerabilities in data-handling processes 

It lets you take proactive measures to mitigate risks before they become serious issues, such as hefty fines of up to 250 Cr

It helps you assess the effectiveness of existing security measures and identify areas for improvement to enhance overall data security. This, in turn, improves customer trust and brand image

It highlights any gaps or deficiencies in the organisation's data protection practices and offers insights into areas that may require additional attention or resources to prevent data breaches

DPDPA audits allow you to adapt to evolving threats and regulatory changes

Who Needs Regular DPDPA Audits? 

It's quite simple. Audits are essential for all types of organisations and industries that handle personal data or have regulatory compliance requirements. However, as per the Digital Personal Data Protection Act, it's a mandate for Significant Data Fiduciaries, as discussed above.

This can include schools, colleges, and universities that handle student and staff information or healthcare providers who handle patients' medical records and sensitive health information. Regular audits ensure compliance, identify and address vulnerabilities, and maintain the security and integrity of the data they handle.

DPIAs and Audits: The Right Tool 

Source: DPDP Consultants 

Significant Data Fiduciaries are required to conduct DPIAs and regular audits. But this has to be done diligently. So, there is a need to automate the process to ensure all bases are covered while maximizing time and efficiency. These tools minimize human bias and produce a standardized report that streamlines the process. 

That said, when it comes to DPIAs, you can switch to a Data Protection Impact Assessment Tool. It automates the entire DPIA process and lets you conduct the assessment almost effortlessly through a user-friendly platform.

With this tool, you can track risks that were identified during the assessment and make sure all concerned individuals are kept in the loop regarding the actions taken to mitigate these risks. 

Let's make Compliance Easy

As per the DPDP Act, there are certain obligations you must adhere to when it comes to personal data. And, regular DPDPA audits and DPIAs are one of the duties of a Significant Data Fiduciary. DPIAs and audits help identify and rectify any potential breaches and ensure the lawful and secure processing of personal data.

They are almost indispensable for maintaining trust, avoiding penalties, and upholding a commitment to responsible data handling.

DPDP Consultants brings you a set of tools and services that makes compliance with the DPDP Act easy and streamlined:

Our Data Protection Consent Management tool streamlines the acquisition of valid consent and automates the entire process of managing, tracking, and handling consent requests

The Data Principal Grievance Redressal platform streamlines the process of exercising data rights through a user-friendly interface and improves response efficiency in accordance with the DPDP Act

Our Data Protection Impact Assessment  tool aids in the easy assessment and tracking of risks and ensures transparent communication about risk mitigation efforts

Our Data Protection Awareness program allows management to oversee the ongoing and efficient execution of their personal data privacy initiatives

Our Contract Reviews and redrafting services ensure that your business's outsourcing agreements align with DPDPA compliance standards

Through our DPDP Data Protection Officer services, organisations can appoint a third party for process audits so it aligns seamlessly with DPDPA requirements

Our training program for employees caters to organisation-specific needs emphasizes the practical aspects of DPDPA compliance and covers personal data policies, processing activities, and more.

Compliance isn't just about following the law; it's also about building trust and keeping your brand's reputation strong. Treating personal data with care isn't just a legal requirement—it's key to making a digital society that's fair for everyone.

Simplify DPDPA Compliance And Optimise Your Operations!

DPDP Consultants offers comprehensive solutions for personal data privacy and privacy law guidance to ensure compliance.

[ernstandyoung]

In the era of digital data explosion, the newly enacted DPDP Act endeavours to uphold individuals' authority over personal information.

[trendingkhabar]

Social media, telcos, lobby for 18-24 months to comply with DPDP Act

Social media companies, telecom operators, and Indian startups are set to lobby for a transition period of 18-24 months to fully comply with the Digital Personal Data Protection (DPDP) Act, 2023, citing technological complexities in two clauses, Business Standard has learnt. Major industry bodies representing local and global companies such as social media companies, big tech platforms, and…

[nithya-r]

Protecting Your Privacy at Work: Know Your Rights

Your workplace should feel safe, but what happens when your employer crosses the line? In today’s digital world, privacy at work is more important than ever. Knowing when your rights are being violated and how to respond can make all the difference.

What Does Privacy at Work Really Mean?

Workplace privacy ensures your personal information and private activities are not unfairly monitored, accessed, or shared. Employers can monitor work-related tasks but cannot invade personal spaces without a valid reason.

When Does It Cross the Line?

Some examples of workplace privacy violations include:

Excessive Surveillance

Employers may install cameras or use GPS to track employees. If this monitoring goes beyond work-related needs or is done without proper communication, it becomes intrusive.

Sharing Personal Data Without Consent

Sensitive details like medical records, financial data, or personal contact information should remain confidential. Sharing this data without permission violates your privacy.

Reading Private Communications

Accessing your personal emails, messages, or accounts on work devices without your consent is a breach of privacy.

Unnecessary Searches

Searching your personal belongings, such as your bag or locker, without a valid reason, is another way employers might overstep.

Your Legal Rights in India

India has several laws that protect employees from such violations:

Constitutional Protection: Article 21 of the Indian Constitution guarantees your right to privacy as part of your right to life. This was affirmed in the Supreme Court’s 2017 decision in the K.S. Puttaswamy case.

Digital Personal Data Protection (DPDP) Act, 2023: Employers must get your consent to collect and use personal data and cannot misuse it.

Information Technology (IT) Act: This law safeguards sensitive personal data like passwords, medical history, and financial details.

POSH Act, 2013: Protects privacy during workplace harassment investigations.

Indian Penal Code (IPC): Sections like 66E and 72A penalize the sharing of private images or confidential information without consent.

What Can You Do if Your Privacy Is Violated?

If you feel your privacy has been invaded, here’s what you can do:

Review Company Policies

Check your employment contract and the company’s policies on data collection and monitoring.

Raise the Issue Internally

File a complaint with HR or the Internal Complaints Committee (ICC). They are required to address your concerns promptly.

Consult a Legal Expert

If the issue isn’t resolved internally, talk to a civil lawyer who specializes in workplace privacy or data protection.

File a Complaint with Authorities

Approach the Data Protection Authority of India under the DPDP Act or file a case under the IPC.

Go to Court if Necessary

In severe cases, you can approach labor courts or high courts for justice.

How Zolvit Can Support You

Facing a workplace privacy violation can feel overwhelming, but Zolvit is here to help:

Expert Legal Guidance: Our team will explain your rights and walk you through your options.

Documentation Assistance: We’ll help you prepare complaints, notices, or court petitions with precision.

Representation in Court: If your case goes to court, Zolvit’s skilled lawyers will fight to protect your privacy and secure fair compensation.

Your privacy is your right, and it deserves protection. Don’t let workplace violations go unchecked. Reach out to Zolvit today for trusted legal support that puts you first.

[iso27001certificationinqatar]

ISO 27701 Certification in Bangalore: Unlocking Privacy and Security Benefits for Businesses

Bangalore, often called the "Silicon Valley of India," is a bustling hub for innovation, technology, and entrepreneurship. With numerous businesses handling vast amounts of sensitive data daily, ensuring data privacy has become a top priority. In this context, ISO 27701 certification emerges as a key solution, providing organizations with a robust framework to manage personal data and comply with privacy regulations.

What is ISO 27701?

ISO 27701 certification in Bangalore is an extension of ISO 27001, focusing on Privacy Information Management Systems (PIMS). It provides guidelines for managing personally identifiable information (PII) and ensuring compliance with global privacy standards like the General Data Protection Regulation (GDPR) and India’s Digital Personal Data Protection Act (DPDP).

For businesses in Bangalore, where tech innovation and data-driven operations are at the forefront, ISO 27701 certification offers a competitive edge while building trust with clients and stakeholders.

How Businesses in Bangalore Benefit from ISO 27701 Certification

1. Enhanced Regulatory Compliance

India’s DPDP Act and international regulations like GDPR demand stringent measures for data privacy and protection. ISO 27701 provides a structured approach to comply with these requirements, reducing the risk of penalties and legal complications.

For businesses in Bangalore working with global clients, adhering to international privacy standards is crucial. ISO 27701 certification demonstrates compliance, making it easier to expand into new markets and collaborate with international partners.

2. Building Client and Stakeholder Trust

Bangalore is home to IT giants, startups, and multinational companies, all of which manage sensitive customer data. Achieving ISO 27701 certification showcases your commitment to safeguarding this information.

Clients are more likely to trust an organization that takes privacy seriously, leading to stronger relationships and repeat business opportunities. This is particularly valuable in industries like fintech, healthcare, and e-commerce, where data security is paramount.

3. Competitive Advantage

In Bangalore’s competitive business environment, ISO 27701 certification sets your organization apart. It acts as a badge of trust, giving you an edge over competitors who may lack formal privacy management frameworks.

This certification also makes your business more attractive to potential clients, partners, and investors who prioritize data security and compliance.

4. Mitigation of Data Breach Risks

The risk of data breaches is a significant concern for Bangalore’s tech-driven businesses. ISO 27701 registration in Bangalore helps organizations identify and address vulnerabilities in their data management processes, reducing the likelihood of cyberattacks.

A strong privacy management system also minimizes the impact of potential breaches, ensuring business continuity and protecting your reputation.

5. Seamless Integration with ISO 27001

Many organizations in Bangalore are already ISO 27001 certified, which focuses on Information Security Management Systems (ISMS). ISO 27701 integrates seamlessly with this framework, allowing businesses to extend their security measures to include privacy management.

This integration reduces redundancy, streamlines processes, and ensures a holistic approach to data security and privacy.

6. Improved Operational Efficiency

ISO 27701 certification involves the implementation of clear processes and policies for data privacy. This not only ensures compliance but also improves overall operational efficiency.

By eliminating ambiguities in data handling and management, businesses can save time and resources while reducing errors and inefficiencies.

7. Supporting Business Growth and Global Expansion

For businesses in Bangalore aiming to expand globally, ISO 27701 is a powerful tool. International clients and regulators often demand compliance with privacy standards like GDPR, and having ISO 27701 certification simplifies the process of meeting these requirements.

This certification opens doors to new markets, partnerships, and opportunities, supporting long-term growth.

Steps to Achieve ISO 27701 Certification in Bangalore

Gap Analysis: Assess existing privacy practices against ISO 27701 requirements.

Implementation: Develop and implement a Privacy Information Management System (PIMS).

Employee Training: Train staff on privacy policies and their role in maintaining compliance.

Internal Audit: Conduct an internal review to ensure readiness for certification.

Certification Audit: Engage an accredited certification body to perform the final audit.

Why Choose B2Bcert for ISO 27701 Certification in Bangalore?

Bangalore’s dynamic business environment requires a certification partner who understands local challenges and global standards. B2Bcert is your trusted partner for ISO 27701 certification, offering:

Expert Guidance: Our experienced consultants provide end-to-end support, from initial assessment to certification.

Tailored Solutions: We customize our approach to suit your organization’s unique needs and objectives.

Affordable Services: We deliver high-quality services at competitive prices.

Efficient Processes: With our streamlined methodologies, you can achieve certification quickly and effectively.

Conclusion

ISO 27701 certification is more than just a compliance tool; it’s a strategic asset for businesses in Bangalore. By enhancing privacy management, building trust, and ensuring regulatory compliance, this certification positions organizations for success in a data-driven world.

ISO 27701 consultant in Bangalore - Whether you’re a tech startup, an established enterprise, or a multinational corporation, investing in ISO 27701 certification is a step toward sustainable growth and innovation. Partner with B2Bcert to make your journey toward certification seamless and impactful. Contact us today to secure your business’s future in a privacy-conscious world!

[thinkinglegal]

Business Lawyers on Navigating Non-Personal Data Governance in India

The digital economy is rapidly evolving, and with it comes the pressing need for effective governance of data — both personal and non-personal. As highlighted by Vaneesa Agrawal in her Thinking Legal article , the regulatory landscape surrounding non-personal data (NPD) in India is still in its infancy, presenting both challenges and opportunities.

This article will delve into the current regulatory framework, emphasise business lawyers ‘ concerns over privacy and security, and examine the dominance of big tech companies in this space, all while building on insights from recent developments in the field.

Regulatory Framework: A Work in Progress

India’s approach to data governance has been significantly shaped by the enactment of the Digital Personal Data Protection Act (DPDP) in 2023. Business lawyers say that while this Act primarily focuses on personal data, it lays a foundation for understanding how non-personal data might be regulated in the future. The DPDP establishes a framework for data protection that includes provisions for penalties, data audits, and impact assessments. However, business lawyers note that it lacks comprehensive regulations specifically addressing non-personal data.

“This gap in legislation creates a situation that requires careful navigation and legal expertise.”

- Vaneesa Agrawal, founder of Thinking Legal

To understand the aspects of the DPDP Act 2023, check our article titled “Understanding India’s Digital Personal Data Protection Act and DPDP Bill, 2023”

Business lawyers point out that the Expert Committee on Non-Personal Data Governance Framework, led by Kris Gopalakrishnan, has proposed a regulatory authority dedicated to overseeing NPD. This authority would be responsible for establishing guidelines for data sharing and addressing risks associated with non-personal data. This has sparked discussion among business lawyers, with them analysing its potential impact on various industries.

Recent developments, as highlighted by business lawyers, indicate that the Ministry of Electronics and Information Technology (MeitY) is working towards creating the National Data Governance Framework Policy (NPD Framework), which aims to maximize the benefits of NPD while ensuring its responsible use.

“The NPD policy could serve as a critical building block in India’s digital architecture by promoting data-driven governance.”

- Vaneesa Agrawal, a prominent business lawyer.

But Vaneesa Agrawal , the founder of Thinking Legal, also notes that despite these initiatives, significant gaps remain. The absence of enforceable regulations leaves non-personal data largely unregulated, raising concerns about potential misuse. Business lawyers emphasise that the lack of clarity regarding roles and responsibilities — such as those of data custodians and trustees — further complicates governance efforts.

Concerns Over Privacy and Security

One of the primary concerns surrounding non-personal data is its potential to be re-identified or deanonymized. Vaneesa Agrawal, a leading business lawyer , highlights that even when data is anonymized, advanced techniques can sometimes reverse this process, exposing sensitive information about individuals or communities.

The Expert Committee and business lawyers have highlighted that certain categories of non-personal data — especially those derived from sensitive personal data — pose significant risks if not adequately regulated. This has also led to discussions among business lawyers about the need for specialized legal knowledge in data protection, with suggestions that every business lawyer should have a basic understanding of data privacy laws.

“The Indian government has expressed concerns regarding the vast amounts of data collected by big tech companies like Google and Facebook.”

- Vaneesa Agrawal, Thinking Legal

Business lawyers note that these companies often possess extensive datasets that can be exploited to influence public opinion or manipulate consumer behaviour. The growing digital footprint of citizens raises alarms about privacy violations and security risks associated with such vast collections of data.

Moreover, as AI technologies become more sophisticated, they increasingly rely on large datasets for training models. This reliance raises ethical questions about consent and ownership of data.

“The government’s efforts to regulate AI usage will likely intersect with discussions around non-personal data governance.”

- Vaneesa Agrawal, a Prominent Business Lawyer

Know more about AI and its ethical concerns with legal inputs from Vaneesa Agrawal here .

Big Tech Dominance: A Double-Edged Sword

The dominance of big tech companies poses a significant challenge in the realm of non-personal data governance. Business lawyers point out that these corporations have the resources to collect and analyse vast amounts of non-personal data, often outpacing smaller players in the market. This creates an uneven playing field where smaller companies struggle to compete. Recent reports also indicate that MeitY has flagged concerns regarding the growing influence of these tech giants in India’s digital landscape.

“The ministry’s internal presentations have pointed out potential threats posed by big tech’s extensive data operations, including vulnerabilities related to user privacy and national security.”

- Vaneesa Agrawal, founder of Thinking Legal

Furthermore, business lawyers also see that there are fears that current regulatory frameworks may inadvertently favour these large corporations by allowing them access to valuable datasets while stifling competition from local businesses. The government’s push for a more equitable digital economy must address these disparities to ensure fair access to non-personal data for all stakeholders.

Opportunities Ahead: Crafting a Comprehensive Framework

Despite these challenges, business lawyers across India point out that there are significant opportunities for India to shape a robust regulatory framework for non-personal data governance. The government’s ongoing initiatives signal a commitment to addressing these issues head-on.

Establishing Clear Guidelines

Creating a Regulatory Authority

Encouraging Public Awareness

Fostering Collaboration

Global Leadership

In Conclusion

As India continues its journey towards becoming a digital powerhouse, navigating the complexities surrounding non-personal data governance will be crucial. Business lawyers highlight that while significant challenges remain — particularly concerning privacy risks and big tech dominance — the ongoing efforts by the government present an opportunity to create a balanced regulatory framework that fosters innovation while protecting user rights.

The future of India’s digital economy hinges on how effectively it addresses these challenges while capitalizing on the opportunities presented by non-personal data governance. As stakeholders from various sectors engage in this critical dialogue, Vaneesa Agrawal, an expert business lawyer, concludes that it is imperative that they work collaboratively toward establishing a framework that not only promotes growth but also safeguards individual rights in an increasingly interconnected world.

[indian-school-of-public-policy]

Partial protection of privacy is no protection at all – Lacunae in DPDP Act

Analyzing the gaps in India's Digital Personal Data Protection (DPDP) Act, this article examines how partial privacy measures fall short of protecting individual rights, exploring issues like lack of accountability, government overreach, and challenges in safeguarding sensitive data.

[jcmarchi]

Empowering Data Control: Data Sovereignty as the Strategic Imperative in the AI Era

New Post has been published on https://thedigitalinsider.com/empowering-data-control-data-sovereignty-as-the-strategic-imperative-in-the-ai-era/

Empowering Data Control: Data Sovereignty as the Strategic Imperative in the AI Era

In today’s fast-moving world of digital transformation, data is much more than a resource—it’s the lifeblood of innovation. Across industries, businesses are leaning heavily on artificial intelligence (AI) to make quicker decisions, optimize operations, and unlock new opportunities. But with AI’s dependence on massive volumes of data, a key question arises: Who really controls the data that fuels this AI-driven transformation?

We’re now in an era where the ownership and governance of data define which businesses succeed and which fall behind. For governments and organizations alike, data sovereignty is fast becoming the backbone of sustainable growth. It’s no longer just about privacy—it’s about building control, compliance, and transparency right into the way data is handled. How well companies balance the need for innovation with the necessity of safeguarding their most valuable asset—data—will shape the next decade.

The Strategic Shift: From Data Privacy to Data Sovereignty

We’ve spent years focused on data privacy, but the conversation is evolving. Privacy has always been reactive—protecting individuals after data is collected. But data sovereignty is more proactive. It’s about taking charge of data from the moment it’s collected, and managing how it’s stored, processed, and shared across borders. It gives businesses, governments, and individuals the ability to decide how their data is used, long before any privacy breaches occur.

Governments around the world are already making moves. With new data localization laws like India’s DPDP Act or the EU’s GDPR, companies must rethink how they handle data on a global scale. Keeping data within national borders isn’t just a challenge—it’s becoming a business necessity.

The Paradox of AI: Driving Innovation, But at What Cost?

As AI continues to evolve, its dependence on data is undeniable. The more data it processes, the more powerful and effective it becomes. But as organizations handle ever-larger datasets—expected to reach 180 zettabytes by 2025—the task of protecting this data without slowing down innovation is becoming increasingly complex. The challenge is intensified as 80% of enterprise data is unstructured and unmanaged, making data accuracy a monumental task for AI modeling, particularly given LLMs’ reliance on unstructured data.

Here’s where the paradox comes in. The same data that powers AI to deliver incredible results—like personalized healthcare and predictive analytics—also creates substantial risks. The larger and more sophisticated these models get, the harder it is to track how data is being used. This exposes companies to threats like unauthorized access, compliance failures, and even bias in algorithms.

Take the case of Clearview AI, where its facial recognition technology used billions of images scraped from social media without consent. The fallout wasn’t just about monetary fines; it was a massive blow to public trust and caused significant operational headaches. It’s a clear message to the industry: it’s not enough to simply use data—we need to protect it, too.

The Unique Solution: AI as the Custodian of Data Sovereignty

With all these challenges in mind, it’s clear that traditional methods of data governance just can’t keep up anymore. Static compliance models and manual processes aren’t equipped to handle the fast-paced, global data ecosystem we’re navigating today. This is where AI-powered self-service data management steps in as a game-changer, offering businesses a way to actively manage and safeguard their data in real time by placing data ownership and action directly into the hands of the data creators – the data and application owners.

This shift in data management fundamentally transforms the role of AI. Rather than acting as a passive consumer of data, AI now acts as a custodian of data sovereignty—taking responsibility for governing data flows across borders, ensuring privacy, and maintaining compliance. By embedding real-time consent mechanisms, dynamic data localization, and advanced anomaly detection, AI enables data creators to exercise full control over their data, no matter where it is stored or accessed.

At the heart of this solution is real-time data ownership. AI-powered frameworks allow organizations and individuals to directly manage who can access their data and how it is used. These frameworks aren’t limited to static permissions; instead, they offer dynamic, real-time control. For example, an organization can adjust data access based on the user’s location, the type of data, role, or specific regulatory requirements at any given moment. Consent mechanisms, meanwhile, allow businesses to comply with laws like GDPR and CCPA while empowering users to opt in or out of data use as needed.

This capability becomes even more critical when considering the rise of data localization laws. As governments increasingly mandate that data generated within their borders must remain there, businesses must adapt by managing data flows across regions. This framework automates the process of segmenting and storing data based on its origin while ensuring that sensitive information remains within legal boundaries. This is further enhanced by data lineage and usage tracking, which provides complete transparency into the lifecycle of the data—where it’s stored, how it’s used, and who has access to it. Additionally, AI-based analytics engines continuously monitor data access patterns, identifying anomalies that could indicate unauthorized attempts to access sensitive information. This isn’t just about preventing breaches after they occur—the real strength lies in its ability to preemptively flag risks and ensure that data remains secure in real-time.

Also, consider the benefits of centralized data governance. Instead of relying on fragmented departments—where IT handles security, compliance manages regulations, and business units access data separately—it creates a unified, self-service platform that allows all stakeholders to participate in managing data. This unified approach enables businesses to define data policies once and apply them consistently across the organization, ensuring the presence of compliance, security, and transparency in every data interaction.

But if you ask me, the real strength of these frameworks lies in their ability to democratize data control. Traditionally, data management was the domain of IT departments or select corporate entities. But in a world where transparency is demanded by regulators, and consumers expect greater control over their data, this model is no longer viable.

AI-driven self-service data management frameworks can place data sovereignty directly into the hands of both businesses and individuals. It can allow internal data owners and external stakeholders to manage, define, and audit data flows autonomously. Through real-time notifications and dynamic consent options, consumers will no longer be passive participants—but active players in how their data is used and shared.

Imagine getting an alert on your phone, asking whether you want to approve or deny the use of your data for a marketing campaign. It’s that level of transparency and control that will be key for organizational success, especially as 71% of consumers now expect personalized interactions from companies but also demand strong data protection.

The Future of AI and Data Sovereignty

As the data landscape continues to evolve, the intersection of AI and data sovereignty presents a strategic battleground for businesses. These self-service frameworks represent the future, where data sovereignty isn’t a challenge—it’s an asset. This new approach offers businesses a way to mitigate privacy and security risks, while still providing the control, transparency, and compliance demanded by consumers and regulators alike.

In the end, this isn’t just about protecting data—it’s about reshaping the future of data governance. As AI continues to drive global innovation, organizations must rise to the challenge of embedding sovereignty into the core of their data operations. The solution is clear: by positioning AI as the custodian of data sovereignty, we can align innovation with responsibility, ensuring both are built to last.

[jaagrukbharat]

Government’s Initiative To Protect And Regulate Data: What Is Digital Personal Data Protection Act, 2023?

Data and Internet has become the new fuel and it has revolutionised the way we live our lives. With the help of collected data, different services are advertised to us and our data is also used to process various information in companies.

However, recently many concerns have erupted over the unauthorised use of data by entities. To avert this and provide individuals with data protection rights, the government of India introduced the Digital Personal Data Protection Act, 2023. Let us learn about this Act in Detail.

[kumard12]

Understanding India's Digital Personal Data Protection Act and DPDP Bill, 2023

Data privacy and protection have, in the past decade, gained increased attention worldwide. As such, governments began putting in place stringent legal frameworks. Business lawyers, therefore, are required to support such organisations in order to navigate them through the regulatory maze. Thinking Legal’s article, as contributed by Vaneesa Agrawal, talks about the journey pertaining to this that began with the Personal Data Protection Bill, 2019, which worked at providing a comprehensive data protection regime in India. The Bill came following the landmark verdict by the Supreme Court in 2017, where it stated that the constitutional right to privacy was a fundamental right under the Constitution of India. 

Business lawyer Vaneesa Agrawal said, “The proposed legislation contemplated processing personal data in a way that the privacy rights of individuals were protected while ensuring that businesses could operate in a data-driven economy.”

After years of debate and revision, the Personal Data Protection Bill evolved into the Digital Personal Data Protection Act, 2023 (DPDP Act), which was enacted to address the urgent need felt by the modernized data protection framework. Indeed, this has kept business lawyers busy trying to interpret these regulations anew and subsequently advising their clients on ways of compliance.

This article therefore delves into the key features of the Personal Data Protection Bill and DPDP Act India's data protection landscape.

Key Features of the Digital Personal Data Protection Act, 2023

The DPDP Act represents a significant milestone in India's data protection journey. Here are some of its most notable features:

Consent-Based Data Processing

The DPDP Act, for example, requires consent to be obtained in an express and informed manner from the individuals whose personal data is being processed. Companies are turning to business lawyers for advice on how they can add hard-core consent programming that will meet this requirement.

Rights of Individuals

The Act grants several rights to individuals, including the right to access their data, the right to correction, and the right to erasure. Business lawyers highlight that these rights are designed to enhance user autonomy and ensure that individuals can manage their personal information effectively.

Data Fiduciaries and Processors

As per the authorities that carry out the processing of personal data, the date is been characterised as Data Fiduciary and Processor. According to business lawyer Vaneesa Agrawal,grasping these differences is crucial when deciding what an organisation must do under the law.

Data Protection Authority

The DPDP Act establishes the Data Protection Authority of India (DPA) as the regulatory body tasked with overseeing compliance. Business lawyers work towards anticipating how its evolving purview may impact clients. What enforcement strategies might it employ? How stringent will its audits be? These legal experts must ready approaches addressing myriad what-ifs.

Cross-Border Data Transfers

The Act also addresses complex concerns around cross-border data flows. The Act outlines provisions for cross-border data transfers, allowing data to be transferred outside India under certain conditions. In this case, business lawyerswork towards answering questions like,

 What geographic transfers will require review or permitting? 

When does localization make sense? 

Vaneesa Agrawal, founder of Thinking Legal adds that this is crucial for businesses operating in a global environment, as it facilitates international data flows while maintaining privacy standards.

Recent Developments and Implications

Since the enactment of the DPDP Act, various stakeholders have been actively discussing its implications and potential challenges. Recent articles have shed light on several key areas:

Business Compliance

Businesses, particularly those in the tech sector, are now faced with the challenge of aligning their operations with the new data protection framework. Compliance with the DPDP Act requires significant changes in data handling practices, including revising privacy policies, implementing robust consent mechanisms, and ensuring data security measures are in place. What business lawyers in this scenario do is they guide through this transition, navigating the complexities of the law and avoiding potential pitfalls.

Regulatory Clarity

The establishment of the DPA is a significant step towards ensuring regulatory clarity in data protection. Business lawyers observe how the DPA will interpret and implement the provisions of the DPDP Act, particularly regarding penalties for non-compliance and the handling of data breaches.

Public Awareness and Education

The success of the DPDP Act hinges on public awareness and understanding of data protection rights. Recent discussions business lawyers emphasise the need for educational initiatives to inform individuals about their rights under the Act. 

International Comparisons

As India implements the DPDP Act, business lawyers conduct comparisons with data protection frameworks in other countries, such as the General Data Protection Regulation (GDPR) in the European Union. 

Challenges Ahead

Despite the advancement of the DPDP Act, there are a lot of challenges persisting that business lawyers are trying to confront. First of all, implementation and thereby enforcement of the DPDP Act can be done effectively only with huge resources and expertise on the part of organisations. Business lawyers have underscored that there is a greater need for proactive efforts towards compliance in order not to attract possible penalties.

A few critical challenges that are addressed by business lawyers across the country is, 

How to balance innovation in the digital economy with ensuring tight data protection. 

How to maintain this delicate balance considering the impact such changes could have on startups and small businesses that may not be able to compete with compliance matters. 

Vaneesa Agrawal highlights that, “It’s part of a business lawyer’s job. To ensure that regulations will not choke the growth and innovation of the business, while at the same time ensuring that data security standards are high.”

Conclusion

The Digital Personal Data Protection Act 2023, marks a pivotal moment in India's journey toward establishing a comprehensive data protection framework. By prioritizing individual rights and imposing clear obligations on businesses, the Act aims to create a safer digital environment for all stakeholders. 

As organizations work to comply with the new regulations, the work of business lawyers becomes increasingly vital in navigating the complexities of data protection law.

[kajol1991]

Is India’s DPDP Act the Next Global Standard for Data Protection?

Discover how India’s Digital Personal Data Protection (DPDP) Act could be the blueprint for the future of global data protection. Drawing parallels with GDPR, Piyush Mehta, Founder and CEO of Data Dynamics, explores how this groundbreaking legislation might influence data protection standards worldwide. With a focus on flexibility, cross-border data flows, and a robust consent management framework, the DPDP Act is positioned as a pioneering model that could shape the global discourse on data sovereignty and privacy.

Read the full article on Storyboard18 and see why the world is watching India's next move.

[dpdp-consultants]

How To Build Privacy Compliance For India's New DPDP Act?

As soon as the Digital Personal Data Protection Act 2023 was enacted, many companies started efforts to get compliant - from updating privacy policies to tweaking contracts.

But is this enough? 

While that's a good start, true compliance involves a deeper commitment. What's needed here is a comprehensive understanding of the law's nuances and implications, along with proactive measures to ensure ongoing adherence. Ahead, we tell you how to build privacy compliance for India's new DPDP Act. Let's dive in!

What Is The Privacy Compliance?

Privacy compliance makes sure that businesses handle an individual's personal data according to the legal regulations of the DPDP Act. This protects the data from any breaches and unauthorized access. 

Now, adhering to the regulations is mandatory. It not only protects individuals' privacy but helps businesses avoid heavy legal penalties.

By implementing privacy measures, you build trust with customers, manage risks, and demonstrate commitment to ethical data handling practices.

What Is the Digital Personal Data Protection Act (DPDPA)?

Source: Meity

The Digital Personal Data Protection Act 2023 is India's first privacy law and is defined as an Act to provide for the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto.

The Digital Personal Data Protection Act 2023 addresses privacy concerns by outlining rules for handling personal data. Similar to the EU's GDPR, it emphasizes consent and data subject rights. 

That said, it has distinct features, including specific language, and requirements. The DPDPA mandates that businesses inform users about data processing through a privacy policy. Consent must be informed, meaning users understand what they're agreeing to. Failure to provide proper notice invalidates consent and data processing. 

To put it simply, the Digital Personal Data Protection Act 2023 protects personal data by ensuring transparency and enforcing stringent consent standards. 

Challenges In Privacy Compliance 

Privacy compliance faces various challenges. They include:

Understanding and adhering to diverse regulations of the Digital Personal Data Protection Act(DPDPA) may need a nuanced outlook.

Businesses may struggle with data governance, determining who accesses data and how it's used, while ensuring compliance with laws. 

The lack of clear guidelines can make implementation feel complicated and lead to uncertainty and potential legal risks. 

Balancing security measures with user accessibility poses a challenge, as overly restrictive policies can hamper user experience. 

New technology introduces new privacy concerns, requiring constant adaptation to protect data effectively. 

Education and awareness gaps among employees and customers further compound these challenges, stressing the need for comprehensive privacy training programs.

What Must Companies Do To Build Privacy Compliance?

Here are a few things companies can do to build privacy compliance:

Create clear guidelines for all employees and update them regularly to adapt to changing circumstances.

Ensure adherence to policies from top management to down and integrate them into company culture through open communication.

Make policies easily understandable and encourage staff to follow them. Also, address any implementation challenges immediately.

Utilise checklists to help everyone follow procedural requirements and track progress efficiently.

Facilitate easy and clear methodology for responding to Data principal rights and grievance redressal.

Conduct regular training sessions for all staff levels to reinforce understanding of policies and maintain compliance.

Stay up-to-date on evolving laws and regulations and ensure policies remain relevant and compliant with current standards.

Enforce policies consistently across all team members and departments and showcase the importance of compliance in daily operations.

Perform audits periodically to evaluate policy effectiveness, identify areas for improvement, and manage any security gaps.

Use automation tools to streamline compliance processes and maintain consistency.

Privacy Compliance Solutions & Automated Tools

As you can see, building privacy compliance for India's new DPDP Act requires a comprehensive approach. You must understand the law’s intricacies and develop a robust action plan. From conducting Data Protection impact assessments to clear data handling policies, it needs continuous efforts.

DPDPA Consultants bring you all the necessary tools and solutions, which makes privacy compliance with the Digital Personal Data Protection Act 2023 easier. Here's how: 

Our Data Protection Consent Management tool enables obtaining valid consent easily and automates consent request handling, ensuring compliance throughout the process.

With Data Principal Grievance Redressal, individuals can effortlessly exercise their data rights through a user-friendly platform, enhancing response efficiency in line with the Digital Personal Data Protection Act 2023.

Simplify the Data Protection Impact Assessments (DPIAs) process with our tool and allow easy risk assessment and tracking, ensuring everyone stays informed about the efforts.

Our Data Protection Awareness program enables management to oversee the continuous execution of their personal data privacy initiatives efficiently.

Ensure outsourcing agreements comply with the DPDP Act through our Contract Reviews and redrafting services.

Our custom training programs address organization-specific needs, emphasising practical aspects of DPDP compliance such as personal data policies and processing activities.

Build Privacy Compliance For DPDPA Today!

Boost your compliance journey with DPDP Consultants. Our comprehensive suite of automation tools and expert services simplifies DPDPA adherence every step of the way.

Contact Us For DPDP Compliance Tools

FAQ 

How do you ensure data privacy compliance?

Ensuring data privacy compliance involves several steps such as implementing robust security measures, conducting regular audits, staff training, etc. The right set of strategies is imperative to uphold regulatory standards.

Why is data privacy and compliance important?

Data privacy and protection are important to protect individuals' sensitive information, maintain trust with customers, and avoid legal penalties associated with data breaches or mishandling.

What are the 5 pillars of compliance with the Data Privacy Act?

The five pillars of compliance with the Data Privacy Act include appointing a consent manager, data protection officer, conducting risk assessments, implementing data protection measures, creating a privacy management program, and reporting breaches immediately.

[hamzaaslam]

Data Erasure Software Earns Government STQC Certification, Enabling DPDP Act Compliance

PUNE, INDIA – Media OutReach Newswire – 16 July 2024 – Thanks to a recently awarded government certification, businesses facing new data deletion mandates under India’s Digital Personal Data Protection (DPDP) Act, as well as Indian government agencies with stringent procurement requirements, can confidently use software from Blancco to destroy data on data storage drives, laptops, desktops, and…

[unstructured-data-management]

India's Digital Personal Data Protection Act (DPDP) is revolutionizing the digital landscape by empowering individuals with data control and enforcing strict compliance from businesses. Discover how this landmark legislation fosters accountability, data localization, and growth opportunities.

[thinkinglegal]

Understanding the Territorial Scope of India's DPDP Act and the EU's GDPR

Data protection laws have been evolving quickly, especially with India's recent Digital Personal Data Protection (DPDP) Act, passed in 2023. Many are comparing it to the European Union's General Data Protection Regulation (GDPR), particularly in terms of how far these laws reach. Vaneesa Agrawal, a prominent business lawyer specializing in data protection, notes that the territorial scope of these laws is a crucial aspect that organizations need to understand.

Both the DPDP Act and GDPR have quite broad territorial scopes. The GDPR, for instance, applies to any organization that handles the personal data of people living in the EU, even if that organization is based elsewhere. Similarly, the DPDP Act extends its reach beyond India's borders, applying to digital personal data processed outside India if it relates to offering goods or services to people in India. This wide application reflects the increasingly global nature of data flows, which is becoming harder to ignore, as pointed out by business lawyers familiar with international data regulations.

As we transition into a year after the enactment of the DPDP Act, it is essential to examine its implications and the current discourse surrounding it. Vaneesa Agrawal highlights that the DPDP Act not only aims to protect individual privacy but also seeks to position India as a leader in global data governance, aligning with Prime Minister Modi's vision of a $1 trillion digital economy.

One Year Later: A Look at the DPDP Act

As we move into the first year since the DPDP Act came into force, there's growing interest in its impact and the discussions it has sparked. Business lawyers specializing in data protection are closely monitoring these developments. Vaneesa Agrawal observes that the Act is not just about safeguarding individual privacy; it's part of India's larger goal to become a leader in global data governance.

Many business lawyers view the DPDP Act as a groundbreaking move in establishing a solid data protection framework for India. An article from Storyboard18 even suggests that it could serve as a model for global data protection standards. The Act focuses on key principles like individual consent, data minimization, and purpose limitation—ideas that resonate with the GDPR. But it also takes into account India's specific socio-economic landscape, allowing for more flexibility with cross-border data transfers, especially compared to the stricter GDPR.

Key Features of the DPDP Act

Let's break down some of the DPDP Act's most important features, as analyzed by business lawyers:

Cross-Border Data Transfers: Unlike the GDPR, which uses a whitelisting approach (allowing data transfers only to approved countries), the DPDP Act opts for a blacklisting model. This means that data can generally be transferred to most places unless the Indian government specifically restricts it. Vaneesa Agrawal points out that this method reflects the geopolitical realities of managing data while still protecting national interests.

Regulatory Framework: The DPDP Act has established the Data Protection Board of India (DPBI), an independent body responsible for enforcing the law and resolving disputes. Business lawyers recognize that this follows international best practices in data governance.

Consent Management: The Act requires explicit, informed, and revocable consent from individuals before their data can be processed. This is especially relevant given the rise of AI and the complex ways data is used in today's digital economy, as noted by business lawyers specializing in technology law.

While the DPDP Act shares some common ground with the GDPR, it diverges in key ways. For instance, the GDPR puts responsibilities on both data controllers and processors, while the DPDP Act focuses primarily on data fiduciaries (those responsible for determining how data is processed). Another difference, as pointed out by Vaneesa Agrawal, is that under the DPDP Act, all data breaches must be reported to both the data protection board and affected individuals. In contrast, the GDPR only mandates reporting for breaches that pose a high risk to individuals.

Bridging the Gap Between DPDP and GDPR

As India moves further into its digital transformation, there's a growing call to harmonize its data protection laws with the GDPR. An article from The Print argues that aligning the DPDP Act with the GDPR would reduce the compliance burden for companies operating in both regions. Business lawyers are closely following these discussions, recognizing the potential impact on their clients' operations.

Here are a few areas where the two laws differ, as analyzed by business lawyers:

Data Retention: The DPDP Act takes a more prescriptive stance on data retention, requiring that data be deleted as soon as it's no longer needed. The GDPR, on the other hand, doesn't specify a retention period beyond the time necessary for the intended purpose.

User Rights: Under the DPDP Act, users can seek redress directly from service providers, while the GDPR allows users to approach supervisory authorities without first going to the service provider. Vaneesa Agrawal emphasizes the importance of understanding these differences for businesses operating in both jurisdictions.

Exemptions: Business lawyers explain that the DPDP Act allows exceptions for data processing related to law enforcement, which may not align fully with the GDPR's broader approach to protecting personal data, even in such cases.

These differences underscore the complexity of global data governance. However, India has a significant opportunity to learn from the EU's experience with the GDPR, especially regarding breach reporting and safeguarding user rights. Vaneesa Agrawal suggests that this learning process could lead to more refined data protection practices in India.

Conclusion: The Future of Global Data Protection

With the DPDP Act now in effect alongside the GDPR, we're seeing the beginning of a new chapter in global data protection. The world is watching how India will handle enforcement, compliance, and the protection of individual rights. If successful, the DPDP Act could become a model not just for India, but for other countries aiming to establish robust data protection frameworks.

Business lawyers are playing a crucial role in helping organizations navigate this evolving landscape. The expertise of business lawyers will be invaluable in ensuring compliance with both the DPDP Act and the GDPR, especially for companies operating across multiple jurisdictions.

In short, Vaneesa Agrawal highlights, “While the DPDP Act represents a major step forward for data protection in India, ongoing collaboration with the EU will be essential in creating a unified global approach to data governance.” Aligning India's regulations with international standards won't just ease compliance—it will be crucial for building trust in the digital world, ensuring that individual rights are protected while also encouraging innovation and economic growth. Business lawyers will continue to be at the forefront of these developments, guiding organizations through the complexities of global data protection laws.