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A comprehensive, chapter-by-chapter breakdown of India's Digital Personal Data Protection Act, mapped with implementation timelines and compliance obligations.
The Act is organized into 9 distinct chapters and one schedule detailing financial penalties. Here is what every organization must know.
Chapter 1
Covers the short title, commencement, key definitions (like Data Fiduciary, Data Principal, Personal Data), and the territorial application of the Act.
Chapter 2
Details the grounds for processing, providing notice, obtaining verifiable consent, processing children's data, and additional obligations for Significant Data Fiduciaries.
Chapter 3
Outlines the user's right to access, correction, erasure, grievance redressal, right to nominate, and the statutory duties they must follow.
Chapter 4
Governs the processing of personal data outside India (cross-border transfers) and lists specific exemptions for state agencies, research, and legal compliance.
Chapter 5
Mandates the establishment of the DPB, detailing the composition, qualifications, proceedings, and powers of the Chairperson and its members.
Chapter 6
Defines the powers and functions of the Board, including how it conducts inquiries and the procedures it must follow.
Chapter 7
Establishes the process for appeals to the Appellate Tribunal (TDSAT) and mechanisms for voluntary undertakings and alternate dispute resolution.
Chapter 8
Specifies the penalties for non-compliance and directs that sums realized by way of penalties be credited to the Consolidated Fund of India.
Chapter 9
Covers protection of action taken in good faith, consistency with other laws, power of the Central Government to make rules, and amendments to other Acts.
The Schedule
A detailed matrix of financial penalties ranging up to ₹250 crore for various breaches, including failure to take reasonable security safeguards.
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