DPDPA India Explained: Scope, Rights & Obligations Under India’s Data Law


With the rapid digitisation in India, there is an increased focus on protecting personal information for organisations doing business in the country through the Digital Personal Data Protection Act (DPDPA), which provides a legal framework for companies to establish processes to protect personal data and use it appropriately. Anyone working within the IT or security industry will want to learn about this Act's scope, rights and obligations, which may help with compliance in a data-driven economy.

The DPDPA applies to all organisations that process a person’s personal data in India, including Indian and non-Indian companies that process personal data of individuals located in India. There are different types of data processing, some of which require substantial accountability and therefore require each organisation to implement effective security processes based upon International Security Standards.

Key Rights Under DPDPA

The Digital Personal Data Protection Act (DPDPA) in India establishes several rights for individuals, referred to as "data principals". Individuals must give their explicit consent before a company or entity can collect or process their data.

  • Individuals have the right to access and correct their own data. 
  • They can also request data portability, allowing them to move their data from one service provider to another. 
  • Right to erasure, which gives them complete control over their digital footprint.

Obligations for Enterprises

As a Data Controller, an enterprise must fulfil all obligations contained within the DPDPA, including the following:

Data Mapping & Classification: The enterprise will need to document all types of personal data it collects and processes, including data about employees, customers, etc.

Security & Privacy Controls: An enterprise must implement security measures at all endpoints, in the cloud, and on all networks, and document all security measures taken to protect personal data.

Incident Report: In the event of a Data Breach, the enterprise must report the incident to the relevant authorities and the individuals affected.

Vendor Management: An enterprise will need to ensure that all third-party processors of personal data meet the Minimum Security Standards of the DPDPA.

Enterprises can utilise Seqrite Cybersecurity Solutions powered by AI/ML, including Endpoint Protection, EDR/XDR, Data Privacy and MDR solutions, to not only simplify compliance but also to securely protect personal Data.

Conclusion

The Digital Personal Data Protection Act represents a great leap forward for Data Accountability and Privacy in India. Enterprises that proactively align themselves with DPDPA India will mitigate legal risk and build customer loyalty.


Location: India

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