India's Digital Personal Data Protection Act 2023 (DPDP Act)

Important Facts About DPDP Act

Before India’s Digital Personal Data Protection Act 2023, the country had proposed data protection laws that were withdrawn, necessitating the need for a robust and modern-day law such as the DPDP Act that takes inspiration from the EU’s GDPR.

Non-automated processing of personal data, offline processing of personal data, and processing for home or personal use are not covered by the law. Additionally, the law will not apply to any personal information about an individual that is included in a record that has been around for at least 100 years.

As per the law, the Central Government of India may exclude some data fiduciaries or classes of data fiduciaries from applying some of the Act’s requirements based on the quantity and type of personal data they process.

Additionally, only legitimate purposes for which the data principal has given or is presumed to have given his or her consent may be used to process digital personal data. Whenever a data fiduciary asks the data principal for their consent, they must do it in plain, understandable language and offer the contact information for a data protection officer or the designated focal point.