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DPDP Act

The Centre on Friday notified the rules for the Digital Personal Data Protection (DPDP) Act, formally operationalising India’s first digital privacy law. The rules provide companies and stakeholders up to 18 months to comply with administrative requirements, while consent managers have 12 months to register to act on behalf of users.

Under the new framework, social media platforms, internet intermediaries, and all entities handling personal data must furnish users with an itemised breakdown of their data and clearly specify the purpose for which it will be used before seeking consent.

Companies are also required to offer users a simple mechanism to withdraw consent for data processing and to lodge complaints with the Data Protection Board (DPB) if they believe their rights have been violated.

To function as a consent manager, any India-registered company must apply to the DPB and adhere to conditions laid out by the Board. Continuous compliance is mandatory, and failure may result in suspension of registration.

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The DPB—headquartered in New Delhi and operating fully in digital mode—will have four members including a Chairperson.

The rules further categorise digital intermediaries based on the nature of services they provide and prescribe specific timelines for deleting user data “unless its retention is necessary for compliance with any law in force”.

In case of a data breach, data fiduciaries must notify both the user and the DPB within 72 hours of becoming aware of the incident. They must also provide details on the nature, extent, timing, consequences of the breach, mitigation measures, and safety steps users should take.

 

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