Navigating India’s Digital Personal Data Protection Act

Navigating India’s Digital Personal Data Protection Act

The Digital Personal Data Protection Act (DPDPA), enacted in August 2023, establishes a comprehensive framework for regulating personal data collection, storage, processing, and transfer in India. According to an article by Ankura, the DPDPA imposes stringent requirements, including obtaining explicit consent, safeguarding individual rights (e.g., access, correction, and deletion of data), and implementing robust cybersecurity measures. 

The DPDPA has a broad range, even outside of India, and applies to all organizations processing the personal data of Indian residents, including businesses operating in India, foreign entities, government bodies (with certain exemptions), and data controllers/processors.

Key compliance challenges for the Digital Personal Data Protection Act include:

• Increased Compliance Obligations: Companies must adhere to extensive standards, with non-compliance risking regulatory penalties and reputational damage.
• Data Breach and Cybersecurity Litigation: Robust security measures are mandated to minimize vulnerabilities to data breaches.
• Handling Data Subject Rights: Enhanced individual rights create potential disputes over data deletion, correction, or access.
• Cross-Border Data Transfer Restrictions: Transferring data outside India is subject to stringent conditions, complicating global operations.
• Regulatory Enforcement: The Data Protection Board has the authority to impose substantial fines for violations.

As businesses adapt to these requirements, proactive compliance strategies are essential to mitigate disputes and regulatory risks. Companies must prioritize alignment with the DPDPA to ensure resilience in this evolving legal landscape.