The Digital Personal Data Protection Act, 2023

The Digital Personal Data Protection Act, 2023

General202344 sections9 chapters

The Digital Personal Data Protection Act, 2023 regulates the collection and processing of digital personal data. It applies to any entity processing data within India, as well as foreign entities offering goods or services to individuals in India. This law matters because it protects personal privacy while allowing lawful data usage. It forces companies to obtain clear consent before using your information and to implement strong security measures to prevent breaches. Ultimately, it empowers individuals with new rights to access, correct, or erase their data, and establishes a Data Protection Board to strictly penalize violators.

Chapter I PRELIMINARY →

  1. 1Short title and commencement.
  2. 2Definitions.
  3. 3Application of Act.

Chapter II OBLIGATIONS OF DATA FIDUCIARY →

  1. 4Grounds for processing personal data.
  2. 5Notice.
  3. 6Consent.
  4. 7Certain legitimate uses.
  5. 8General obligations of Data Fiduciary.
  6. 9Processing of personal data of children.
  7. 10Additional obligations of Significant Data Fiduciary.

Chapter III RIGHTS AND DUTIES OF DATA PRINCIPAL →

  1. 11Right to access information about personal data.
  2. 12Right to correction and erasure of personal data.
  3. 13Right of grievance redressal.
  4. 14Right to nominate.
  5. 15Duties of Data Principal.

Chapter IV SPECIAL PROVISIONS →

  1. 16Processing of personal data outside India.
  2. 17Exemptions.

Chapter V DATA PROTECTION BOARD OF INDIA →

  1. 18Establishment of Board.
  2. 19Composition and qualifications for appointment of Chairperson and members.
  3. 20Salary, allowances payable to and term of office.
  4. 21Disqualifications for appointment and continuation as Chairperson and Members of Board.
  5. 22Resignation by Members and filling of vacancy.
  6. 23Proceedings of Board.
  7. 24Officers and employees of Board.
  8. 25Members and officers to be public servants.
  9. 26Powers of Chairperson.

Chapter VI POWERS, FUNCTIONS AND PROCEDURE TO BE FOLLOWED BY BOARD →

  1. 27Powers and functions of Board.
  2. 28Procedure to be followed by Board.

Chapter VIII PENALTIES AND ADJUDICATION →

  1. 33Penalties.
  2. 34Crediting sums realised by way of penalties to Consolidated Fund of India.

Chapter IX MISCELLANEOUS →

  1. 35Protection of action taken in good faith.
  2. 36Power to call for information.
  3. 37Power of Central Government to issue directions.
  4. 38Consistency with other laws.
  5. 39Bar of jurisdiction.
  6. 40Power to make rules.
  7. 41Laying of rules and certain notification.
  8. 42Power to amend Schedule.
  9. 43Power to remove difficulties.
  10. 44Amendments to certain Acts.

Chapter VIl APPEAL AND ALTERNATE DISPUTE RESOLUTION →

  1. 29Appeal to Appellate Tribunal.
  2. 30Orders passed by Appellate Tribunal to be executable as decree.
  3. 31Alternate dispute resolution.
  4. 32Voluntary undertaking.

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