The Digital Personal Data Protection Act, 2023 was passed on 11 th August of 2023. The law enumerates the rights and duties of data principals, and obligations of data fiduciaries, imposes penalties for data breaches, and also creates a special category of data fiduciaries called the significant data fiduciaries. DPDP Act recognizes verifiable consent for children and persons with disability.
The law applies to any person who processes digital personal data other than for personal or domestic context if:
The processing of digital personal data takes place within Indian territory.
The processing of digital personal data takes place overseas but offers its goods and services to those in India.
The law applies to personal data that were either collected in digital or non-digital form and were digitized thereafter but does not apply to public information or data processed in household/personal context.
Why Choose Cyber Law Consulting ?
YES because We are a LAW Firm? Not just a GRC Vendor..
WE will Litigate for You: YES! we can have you back as internationally renowned techno legal law firm, While complying we will know your organisation in and out and that will give us and edge to protect you
Extensive Knowledge and Experience: Our Lawyers team comprises highly skilled professionals with extensive knowledge and experience in DPDPA and Privacy compliance. We stay up-to-date with the latest regulations, ensuring that our clients receive accurate and reliable guidance tailored to their specific needs.
Tailored Solutions: At Cyber Law Consulting, we recognize that every business is unique. We take a personalized approach to develop tailored solutions that align with your organization's goals, size, and industry. Our experts work closely with you to understand your specific requirements, helping you implement effective data protection and privacy practices.
Holistic Compliance Services: We offer a wide range of services to address all aspects of DPDP compliance. From conducting comprehensive data protection assessments and gap analysis to designing and implementing robust privacy policies and procedures, we provide end-to-end solutions that ensure your organization's compliance with the DPDP Act.
Compliance Audits and Remediation: Our team conducts meticulous compliance audits to evaluate your current data protection practices. We identify any gaps or vulnerabilities and provide practical recommendations for remediation. By partnering with us, you can proactively address compliance issues and enhance your data protection posture.
Training and Awareness Programs: We believe that a well-informed workforce is crucial for maintaining data protection and privacy standards. We offer engaging training and awareness programs tailored to your organization's needs. Our interactive sessions empower your employees with the knowledge and skills required to handle sensitive data securely.
Ongoing Support and Maintenance: Our commitment to your success extends beyond initial compliance. We provide continuous support and maintenance services to ensure that your organization remains compliant with evolving DPDP regulations. We stay by your side throughout your compliance journey, offering guidance, updates, and proactive strategies to adapt to changes in the regulatory landscape.
Confidentiality and Trust: We understand the importance of confidentiality when it comes to handling sensitive data. You can trust us to maintain the highest level of confidentiality and discretion throughout our engagement. Our strict security measures ensure the protection of your information at all times.
Partner with Cyber Law Consulting Get the LAW Firms Advantage
At
Cyber Law Consulting, we are dedicated to helping businesses achieve and maintain the DPDP Act compliance and certification in India. Our comprehensive services, tailored solutions, and expert guidance empower organizations to protect their data, build customer trust, and ensure regulatory compliance. Contact us today to discuss how we can assist you in navigating the complex landscape of DPDP compliance and safeguarding your valuable assets. Together, we can pave the way for a secure and compliant future.
Consequences of Non-Compliance with India’s DPDP Act
In today's digital era, data protection and privacy have become critical concerns for organizations across all industries. The Digital Personal Data Protection Act (DPDPA) & regulations in India, specifically the DPDPA 2023, have been enacted to safeguard individuals' personal data and ensure its proper handling. Failure to comply with these regulations can have severe consequences for organizations. Let's explore some of the potential ramifications of non-compliance:
Legal Penalties and Fines: Non-compliance with the DPDPA 2023 can lead to significant legal penalties and fines. Regulatory authorities have the power to impose hefty fines on organizations that fail to adhere to the prescribed data protection and privacy standards. These fines can amount to substantial sums, depending on the nature and severity of the non-compliance.
Reputational Damage: Non-compliance can seriously tarnish an organization's reputation. News of data breaches, mishandling of personal information, or failure to protect customer privacy can spread rapidly, leading to a loss of public trust and confidence. Rebuilding a damaged reputation can be a costly and time-consuming endeavour, affecting relationships with customers, partners, and stakeholders.
Loss of Customer Trust: Data breaches and privacy violations erode customer trust. When individuals' personal information is compromised, they may lose confidence in the organization's ability to protect their data. This loss of trust can result in customers seeking alternative service providers, leading to customer churn and a negative impact on revenue and market share.
Regulatory Scrutiny and Audits: Non-compliant organizations are likely to face increased regulatory scrutiny and audits. Regulatory authorities may conduct investigations and audits to ensure compliance with DPDPA 2023. These audits can be disruptive and time-consuming, diverting valuable resources away from core business operations.
Business Disruption and Operational Costs: Rectifying non-compliance issues often requires significant time, effort, and financial resources. Organizations may need to implement new data protection measures, revise privacy policies and procedures, and invest in technology upgrades to ensure compliance. These endeavours can disrupt normal business operations and add to the financial burden.
Legal Action by Affected Individuals: Non-compliance can expose organizations to legal action by individuals whose personal data has been compromised. In such cases, affected individuals may file lawsuits seeking damages for privacy violations, data breaches, or unauthorized use of their information. Legal battles can be protracted and expensive, resulting in additional financial strain and reputational damage.
Loss of Competitive Advantage: Organizations that fail to prioritize data protection and privacy compliance may lose their competitive edge. In today's data-driven economy, customers are increasingly conscious of privacy concerns. By neglecting DPDPA 2023 compliance, organizations risk losing potential customers to competitors who demonstrate a strong commitment to data protection and privacy.
To mitigate these consequences, it is crucial for organizations to proactively prioritize the DPDPA, 2023 compliance. By implementing robust data protection practices, conducting regular audits, training employees, and staying informed about regulatory updates, organizations can protect themselves from these potential risks and position themselves as trustworthy custodians of personal data.
Navigate DPDPA Compliance with Cyber Law Consulting
Cyber Law Consulting is a renowned Law Firm practicing only in Cyber, IPR, AI and Privacy domains and pioneered the same from more than twenty years.We have rich practical experience of data privacy-related issues as we handle compliance, consultation, training and real life litigation in courts nationally and internationally. We simplify things for our clients, We have lawyers and consultants who are dual-qualified in technology and law. Our founder is a pioneer in the cyber and privacy field and he consults Governments and large institutions on matters of cyber and privacy, his views are published and telecasted in leading international newspapers and on TV. We have worked with large clients like Tech Mahindra, Times of India, ICICI Bank, WIPRO, Credit Agricole, All Cargo, BPCL, SBI Life, Mega Pharma, Religare to name a few.
Deliverables for DPDPA Compliance assignment (not Exhaustive)
- Vetting or Drafting of Privacy Notice and Privacy Policy
- Vetting or Drafting of Consent Form
- Vetting or Drafting of Data Governance Policy of Company
- Vetting or Drafting Data Security Safeguard Policy
- Vetting or Drafting Data Breach Incident Management Policy
- Vetting or Vendor ans consultants agreements and SLA's for DPDPA compliance
- Vetting or Drafting Employee Consent & Data Handling Policy as per DPDPA
- Vetting or Drafting BYOD & MDM Policy if required
- Vetting or Drafting Electronic Evidence storage and management policy
- Employee Training for 2 hours with Certificate
- Board of Directors Training onsite for 1.5 hours
- Certificate of Compliance certifying Compliance to Digital Personal Data Protection Act
CLC provides following Data Protection related services
