Digital Personal Data Protection Act 2023

The DPDP Act is India's first data protection act, and it establishes a framework for the processing of personal data in India. The Digital Personal Data Protection (DPDP) Act, 2023 applies to the processing of digital personal data within the territory of India collected online or collected offline and later digitized. It is also applicable to processing digital personal data outside the territory of India, if it involves providing goods or services to the data principals within the territory of India.

Applicability of the Act

Section 3 of the Act specifically provides that the Act will apply to processing of digital personal data alongside the personal data collected in non-digital form which is digitized subsequently. For example, As data fiduciaries insurance companies hire individual agents to sell insurance policies and help with policy renewals and other related services in during the service collect personal information of the subscribers. These agents work with different types of horizontals like life, general, health and others, most of the data is collected in an offline mode through physical submission of documents. Thus, such collection of data in non-digital form is also brought under the purview of this Act.

The applicability of the said Act is also extended to cases where the data is processed outside the territory of India as long as the processing is in connection with any activity related to offering of goods and services to individuals (Data Principals) within the territory of India [Section 3 of the Digital Data Protection Act, 2023]. A classic example of this can be a case of online gaming intermediary located outside the territory of India offering gaming services in India. These gaming operators operating from outside the country through their gaming websites and applications, they are all bound by the Digital Personal Data Protection Act 2023. There is no bar whether the data relates to only Indian citizens and whether it is being processed within or outside the territory of India.

We Understand Your Unique Needs!

At Cyberensic Global, we recognize that each organization is distinct, with its own set of needs and objectives. That's why our consultancy services are fully tailored to address the unique requirements of our clients. We take a collaborative approach, working closely with organizations to craft bespoke solutions that seamlessly align with their business goals, industry-specific regulations, and the intricacies of their risk landscape.

Our commitment to understanding your organization, combined with our industry expertise, empowers us to deliver solutions that not only meet but exceed your expectations. With Cyberensic Global, you can rest assured that your organization's cybersecurity and information security needs are in capable hands.

Key Provisions

Data Fiduciaries' Obligations: Data Fiduciaries, including individuals, companies, and government entities processing data, must adhere to specific data processing guidelines. These include implementing security safeguards to prevent data breaches, promptly notifying affected individuals and the Data Protection Board in case of breaches, erasing data when it's no longer needed or upon consent withdrawal, establishing grievance redressal systems, and fulfilling additional obligations for Significant Data Fiduciaries.

Individual Rights: Individuals have rights to access their processed personal data, correct or erase it, seek grievance redressal, and nominate a representative in case of incapacity or demise.

Child Data Protection: The Act safeguards children's data by necessitating verifiable parental consent for processing. It prohibits detrimental processing practices, including tracking, behavioral monitoring, or targeted advertising.

Data Protection Board: The legislation mandates the creation of the Data Protection Board of India. This body oversees compliance, investigates violations, imposes penalties for non-compliance, and takes corrective actions in case of data breaches.

Penalties: Penalties are commensurate with the offense. For instance, failure to implement security measures can incur fines of up to ₹250 crore, while not reporting breaches to the Board and affected individuals can result in fines of up to ₹200 crore. Violations related to child data protection can also lead to penalties of ₹200 crore.

How Cyberensic Global Advisory Can Assist You

At Cyberensic Global Advisory, we offer a team of highly experienced and certified data privacy and protection professionals equipped with extensive industry and technical expertise. We can support your compliance with India's Personal Data Protection DPDP Act 2023 through the following services:

Gap Assessments

Our experts conduct comprehensive data privacy/protection gap assessments to identify any shortcomings in your current framework, policies, or processes. We then provide a tailored mitigation plan based on industry best practices to address these gaps effectively.

Establishing Data Privacy Framework

Cyberensic Global Advisory assists in defining a robust data protection governance framework. This includes creating data inventories, crafting privacy policies, implementing controls, conducting risk assessments, and developing consent forms compliant with the Digital Personal Data Protection Act 2023. We ensure the timely and systematic implementation of these policies and processes.

Third-Party Risk Assessments

If your organization engages third parties handling personal data, we conduct risk assessments to evaluate their adherence to the DPDP Act. Our assessments provide clarity and assurance regarding third-party compliance. We also recommend action plans to identify and rectify potential personal data breaches by third parties promptly.

Implementing/Reviewing Regulatory Updates

We help you define procedures and processes to stay updated with any changes or updates in the DPDP Act. Our team ensures that these changes are incorporated into your company policies and implemented seamlessly. We conduct regular policy reviews to guarantee that the latest regulatory updates are reflected in your practices.

Compliance Audits

For organizations with existing data protection/privacy frameworks and policies, CYBERENSIC GLOBAL ADVISORY conducts compliance audits. We assess the effectiveness of your processes, ensuring that the defined controls and framework align with the DPDP Act requirements.

Staff Training

We offer online or in-person training sessions for your staff, educating them on the regulatory requirements of the Digital Personal Data Protection Act 2023. These training sessions empower your employees to handle and process personal data in compliance with the Act's stipulations.

For further information, please contact us at cyberensic@outlook.com

Frequently asked questions

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Cyberensic offers a range of services including: Cyber Security Advisory, Enterprise Risk Management, Fraud & Forensic, GDPR, HIPAA Compliance and many more.

Cyberensic was established in Aug 2023 with the aim of providing top cybersecurity solutions to meet the growing digital security needs of individuals and businesses.

Cyberensic was founded to bridge the gap in cybersecurity services and address the rising cyber threats, ensuring that businesses and individuals have access to robust protection and guidance in the digital realm.

Digital Personal Data Protection Act 2023