Law4u - Made in India

What Is The Role Of The Digital Personal Data Protection Act, 2023?

Answer By law4u team

The Digital Personal Data Protection Act, 2023 is a landmark legislation in India aimed at safeguarding individuals' personal data in the digital ecosystem. It establishes rules for how personal data is collected, processed, stored, and shared, emphasizing user consent, transparency, and accountability.

Key Provisions and Objectives

1. Definition of Personal Data and Stakeholders

Defines personal data, data fiduciaries (entities that determine the purpose and means of processing), and data principals (individuals whose data is processed).

2. Consent-Based Processing

Personal data can only be processed after obtaining clear, informed, and voluntary consent from data principals.

Consent must be specific to the purpose of data use.

3. Rights of Data Principals

Right to access, correct, and erase personal data.

Right to withdraw consent and data portability.

Right to grievance redressal.

4. Obligations on Data Fiduciaries

Implement reasonable security practices to protect data.

Conduct data audits and maintain records of processing activities.

Notify data breaches promptly to authorities and affected individuals.

5. Cross-Border Data Transfer

Regulates the transfer of personal data outside India with appropriate safeguards.

6. Data Protection Authority

Establishes a regulatory authority to oversee compliance, investigate violations, and impose penalties.

Impact on E-Commerce and Digital Services

E-commerce platforms must ensure data privacy compliance by obtaining valid consent and securing customer data.

Platforms need to update privacy policies and implement mechanisms for data principal rights.

Enhances trust among consumers through greater transparency and control over personal information.

Penalties for Non-Compliance

Monetary fines based on the severity of violation.

Possible suspension of data processing activities.

Legal consequences including compensation claims.

Example

An online marketplace collects user data for marketing but fails to obtain explicit consent and does not allow users to opt-out.

Correct Compliance Steps:

Update consent mechanisms to be clear and specific.

Provide users with easy access to their data and options to modify or delete it.

Implement security measures to protect data from breaches.

Report any data breaches to the Data Protection Authority and affected users promptly.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Tadvi Rupsing Panya

Advocate Tadvi Rupsing Panya

Cheque Bounce, Anticipatory Bail, Divorce, Criminal, Motor Accident

Get Advice
Advocate Dr. S Ayyappanaik Nenavath- Ap High Court Central Govt Council

Advocate Dr. S Ayyappanaik Nenavath- Ap High Court Central Govt Council

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Varinder Kumar

Advocate Varinder Kumar

Breach of Contract, Cheque Bounce, Civil, Divorce, Family, High Court, Insurance, Property, RERA

Get Advice
Advocate Kumar Rohit

Advocate Kumar Rohit

High Court, Criminal, Anticipatory Bail, Divorce, Cheque Bounce

Get Advice
Advocate Azay Kumar Mishra

Advocate Azay Kumar Mishra

Anticipatory Bail, Civil, Consumer Court, Criminal, Domestic Violence, High Court, GST, Divorce, Tax, Trademark & Copyright, Cheque Bounce

Get Advice
Advocate Anil Kumar Malik

Advocate Anil Kumar Malik

Cheque Bounce, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Rajat Prasad

Advocate Rajat Prasad

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, R.T.I, Startup, Supreme Court, Trademark & Copyright, Documentation, Armed Forces Tribunal, Wills Trusts, Property, Tax, Immigration, Divorce, International Law, Patent, Recovery, Civil, Banking & Finance, GST

Get Advice
Advocate Neel K. Shah

Advocate Neel K. Shah

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Breach of Contract, Corporate

Get Advice

Cyber and Technology Law Related Questions

Discover clear and detailed answers to common questions about Cyber and Technology Law. Learn about procedures and more in straightforward language.