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India's Digital Personal Data Protection Act 2023

Operationalize DPDP Compliance with PrivacyOps Platform

Last Updated on August 12, 2024

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The parliament of India has passed the Digital Personal Data Protection Act 2023 (“DPDP Act” or “Act”) on 11th August 2023.

The goal of the DPDP Act is to outline guidelines for processing digital personal data in a way that acknowledges both individuals' rights to privacy protection and the requirement to process personal data for legal purposes.

It provides the rights to data principals (data subjects), outline obligations of data fiduciaries (data handlers/controllers), and furnish penalties for non-compliance. It applies to the processing of digital personal data within India, whether collected online or offline.

DPDP Act has extraterritorial application if the processing is in connection with offering goods or services to data principals within India. The DPDP Act was published in the official Gazette on 12th August 2023.

The Solution

Securiti enables organizations to comply with India's Digital Personal Data Protection Act 2023 through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.

Securiti supports enterprises in their journey toward compliance with DPDP Act through automation, enhanced data visibility, and identity linking.

India DPDP Compliance Solution

See how our comprehensive PrivacyOps platform helps you comply with various sections of India's Digital Personal Data Protection Act 2023.

Request a demo today to learn how Securiti can aid you and your organization's compliance efforts.

 

Automate Consumer Access Requests

Sections: 5(3)

Data principals need to be notified about their data privacy rights, and organizations are required to simplify the initiation of verified DSR requests. Automating the delivery and generation of secure data access reports will significantly reduce the risk of compliance violations and reduce the workforce required to comply with all requests.

India DPDP consent preference management
India DPDP data rectify request

Automate the Processing of Rectification & Erasure Requests

Section: 8(3) , 12

With the help of automated data principal verification workflows across all appearances of a data principal’s personal data, you can seamlessly fulfill all data rectification and erasure requests.

Monitor and Track Consent

Sections: 4(1)(a), 6 , 9(1)

Track consent revocation of data principals to prevent the transfer or processing of data without their consent. Seamlessly demonstrate consent compliance to regulators and data principals.

India DPDP consent preference management
India DPDP breach response notification

Assess Third Parties & Manage Vendor Risk

Section: 8

keep track of privacy and security readiness for all your service providers from a single interface. Collaborate instantly with third parties and vendors, automate data requests and deletions, and manage all third parties and vendor contracts and compliance documents.

Map Data Flows and Generate Reports

Section: 16

Track data flows in your organizations, trace this data, catalog, transfer, generate reports, and document business process flows internally and to service providers or third parties.

India DPDP Data Flow Mapping
India DPDP breach response notification

Meet Cookie Compliance

Section: 4(1)(a) ,(6)

Automatically scan the web properties within your organization, categorizing tags and cookies. Also, build customizable cookie banners, collect consent, and provide a preference center.

Privacy Policy and Notice Management

Section: 5(1)

Automatically update and refresh your privacy policies and notices. Build and publish a privacy notice with pre-built templates.

India DPDP Privacy Policy Management
India DPDP breach response notification

Automate Data Breach Notification

Section: 8(6)

Automates compliance actions and breach notifications to concerned stakeholders about security incidents by leveraging a knowledge database on security incident diagnosis and response.

Automate Security Controls

Sections: 8(4), 8(5)

Automate security, privacy, and governance functions with an intuitive workflow orchestration engine. Leverage built-in integrations and customizable triggers to streamline operations, reduce costs and improve accuracy.

India DPDP Security Control Automation
India DPDP Risk Assessments

Automate DPIAs and Risk Assessments

Section: 10(2)(c)(i)

Automate DPIA and risk assessments by identifying and reducing the privacy risks posed by new initiatives, procedures, or regulations. DPIA and risk assessments allow organizations to identify privacy risks and mitigate the identified risks.

Rights of a Data Principal Under India's Digital Personal Data Protection Act 2023

Right to Information and Access Personal Data

The data principal has the right to request information from the data fiduciary. This includes obtaining confirmation of whether the data fiduciary is or has processed the data principal's personal data, a summary of the personal data being or that has been processed, and the identities of all data fiduciaries with whom the personal data has been shared, along with the categories of personal data shared.

Right to Correction and Erasure of Personal Data

A data principal shall have the right to correction and erasure of their personal data. Upon receiving a request for such correction of the personal data from a data principal, a data fiduciary is required to correct any inaccuracies, complete any incomplete information and update a data principal's personal data in the systems accordingly. In addition, the data fiduciary must also erase the personal data upon recieving such request from the data subject unless data retention is required by law.

Right of Grievance Redressal

A data principal has the right to lodge a complaint with a data fiduciary. If a data fiduciary's response to a grievance is unsatisfactory, or if no response is received within time frame that may be prescribed, the data principal may submit a complaint with the Data Protection Board in the way that may be required.

Right to Nominate

A data principal shall be entitled to designate any other person in the manner that may be prescribed who shall, in the case of the data principal's death or incapacity, exercise the data principal's rights in accordance with the requirements of this Act.

Key Facts Related to India's Digital Personal Data Protection Act 2023

1

The Data Protection Board (DPB) under the DPDP Act serves primarily as an adjudicating body rather than a comprehensive regulatory authority. While it handles grievance adjudication and penalizing data breaches, its scope does not extend to broader regulatory functions such as cross-border data transfer regulation or rulemaking for data fiduciaries' obligations. Instead, these responsibilities remain with the Central Government.

2

Transfer of data outside the territory of India is allowed, however, only after conducting an assessment of relevant factors and defining specifications of terms and conditions for transfers.

3

If a data fiduciary or data processor fails to take reasonable security safeguards to prevent a personal data breach, the penalty imposed would be 250 crore Indian Rupees.

4

The data fiduciary may only engage, appoint, use, or involve a data processor to process personal data on its behalf  under a valid contract.

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