Digital Personal Data Protection Act (DPDPA), 2023

The Digital Personal Data Protection Act, 2023 marks a significant milestone in India’s journey toward a rights-based and accountable data protection framework. It aims to regulate the processing of digital personal data in a manner that recognizes both the right to privacy of individuals and the need to process data for lawful purposes.

Digital Personal Data Protection Act (DPDPA), 2023

The Digital Personal Data Protection Act, 2023 marks a significant milestone in India’s journey toward a rights-based and accountable data protection framework. It aims to regulate the processing of digital personal data in a manner that recognizes both the right to privacy of individuals and the need to process data for lawful purposes.

Digital Personal Data Protection Act (DPDPA), 2023

The Digital Personal Data Protection Act, 2023 marks a significant milestone in India’s journey toward a rights-based and accountable data protection framework. It aims to regulate the processing of digital personal data in a manner that recognizes both the right to privacy of individuals and the need to process data for lawful purposes.

Key Definitions

Key Definitions

1

Data Principal

The individual to whom the personal data relates.

1

Data Principal

The individual to whom the personal data relates.

1

Data Principal

The individual to whom the personal data relates.

2

Data Fiduciary

Any entity (company, organization, government body) that determines the purpose and means of processing personal data.

2

Data Fiduciary

Any entity (company, organization, government body) that determines the purpose and means of processing personal data.

2

Data Fiduciary

Any entity (company, organization, government body) that determines the purpose and means of processing personal data.

3

Consent Manager

A registered entity that manages consent on behalf of data principals in a transparent manner.

3

Consent Manager

A registered entity that manages consent on behalf of data principals in a transparent manner.

3

Consent Manager

A registered entity that manages consent on behalf of data principals in a transparent manner.

Core Principles of the DPDPA

Core Principles of the DPDPA

Lawful and Transparent Processing

Personal data should only be processed for a lawful purpose with the knowledge or consent of the data principal.

Lawful and Transparent Processing

Personal data should only be processed for a lawful purpose with the knowledge or consent of the data principal.

Lawful and Transparent Processing

Personal data should only be processed for a lawful purpose with the knowledge or consent of the data principal.

Purpose Limitation

Data must be used only for the purpose it was collected.

Purpose Limitation

Data must be used only for the purpose it was collected.

Purpose Limitation

Data must be used only for the purpose it was collected.

Data Minimization

Only data necessary for the intended purpose should be collected.

Data Minimization

Only data necessary for the intended purpose should be collected.

Data Minimization

Only data necessary for the intended purpose should be collected.

Accuracy

Reasonable efforts must be made to ensure that data is accurate and up to date.

Accuracy

Reasonable efforts must be made to ensure that data is accurate and up to date.

Accuracy

Reasonable efforts must be made to ensure that data is accurate and up to date.

Storage Limitation

Data should not be retained for longer than necessary.

Storage Limitation

Data should not be retained for longer than necessary.

Storage Limitation

Data should not be retained for longer than necessary.

Security Safeguards

Fiduciaries must implement technical and organizational safeguards to prevent unauthorized processing.

Security Safeguards

Fiduciaries must implement technical and organizational safeguards to prevent unauthorized processing.

Security Safeguards

Fiduciaries must implement technical and organizational safeguards to prevent unauthorized processing.

Accountability and Grievance Redressal

Fiduciaries are accountable for compliance and must provide mechanisms for individuals to address grievances.

Accountability and Grievance Redressal

Fiduciaries are accountable for compliance and must provide mechanisms for individuals to address grievances.

Accountability and Grievance Redressal

Fiduciaries are accountable for compliance and must provide mechanisms for individuals to address grievances.

Rights of the Data Principal

Rights of the Data Principal

1

Right to Access Information: Know what data is being collected and how it is used.

Right to Access Information: Know what data is being collected and how it is used.

2

Right to Correction and Erasure: Get personal data corrected or deleted.

Right to Correction and Erasure: Get personal data corrected or deleted.

3

Right to Grievance Redressal: Lodge complaints with the data fiduciary or the Data Protection Board.

Right to Grievance Redressal: Lodge complaints with the data fiduciary or the Data Protection Board.

4

Right to Withdraw Consent: Revoke previously given consent at any time.

Right to Withdraw Consent: Revoke previously given consent at any time.

Obligations for Organizations (Data Fiduciaries)

Obligations for Organizations (Data Fiduciaries)

1

Obtain clear and specific consent before processing.

Obtain clear and specific consent before processing.

2

Appoint Data Protection Officers (for Significant Data Fiduciaries).

Appoint Data Protection Officers (for Significant Data Fiduciaries).

3

Ensure data localization in some cases (subject to future rules).

Ensure data localization in some cases (subject to future rules).

4

Notify data breaches promptly to the Board and affected individuals.

Notify data breaches promptly to the Board and affected individuals.

5

Maintain RoPA (Records of Processing Activities) and conduct DPIAs (Data Protection Impact Assessments) where required.

Maintain RoPA (Records of Processing Activities) and conduct DPIAs (Data Protection Impact Assessments) where required.

Penalties for Non-Compliance

Penalties for Non-Compliance

The Act imposes strict penalties for violations:

The Act imposes strict penalties for violations:

1

Up to ₹250 crore for breach of obligations relating to children's data.

Up to ₹250 crore for breach of obligations relating to children's data.

2

Up to ₹200 crore for failure to take reasonable safeguards to prevent personal data breaches.

Up to ₹200 crore for failure to take reasonable safeguards to prevent personal data breaches.

3

Penalties extend to other non-compliance events based on severity.

Penalties extend to other non-compliance events based on severity.

How GoTrust Enables DPDPA Compliance

How GoTrust Enables DPDPA Compliance

GoTrust equips organizations with a comprehensive, modular toolkit to achieve and sustain compliance with the DPDPA:

GoTrust equips organizations with a comprehensive, modular toolkit to achieve and sustain compliance with the DPDPA:

DPDPA Requirement

DPDPA Requirement

How GoTrust Helps

How GoTrust Helps

Consent Management

Consent Management

Through the Universal Consent Management (UCM) module, GoTrust captures, revokes, and audits consent at scale, ensuring clear traceability.

Through the Universal Consent Management (UCM) module, GoTrust captures, revokes, and audits consent at scale, ensuring clear traceability.

Data Discovery & Classification

Data Discovery & Classification

Automatically scans systems and classifies data (PII, SPI) for better visibility, essential for fulfilling storage limitation, minimization, and breach response obligations.

Automatically scans systems and classifies data (PII, SPI) for better visibility, essential for fulfilling storage limitation, minimization, and breach response obligations.

User Rights Fulfillment

User Rights Fulfillment

Workflow-driven tools to handle data subject access requests (DSARs), correction, erasure, and consent withdrawal, fully aligned with user rights under DPDPA.

Workflow-driven tools to handle data subject access requests (DSARs), correction, erasure, and consent withdrawal, fully aligned with user rights under DPDPA.

Processing Records (RoPA)

Processing Records (RoPA)

Maintains detailed records of processing activities, linked to business units, systems, and data types—automated and auditable.

Maintains detailed records of processing activities, linked to business units, systems, and data types—automated and auditable.

Governance & Risk Monitoring

Governance & Risk Monitoring

Provides real-time risk dashboards, DPIA tools, policy attestations, and compliance scoring to keep governance teams informed and audit ready.

Provides real-time risk dashboards, DPIA tools, policy attestations, and compliance scoring to keep governance teams informed and audit ready.

Data Breach Management

Data Breach Management

Embedded incident management framework helps identify, assess, and notify breaches within mandated timeframes.

Embedded incident management framework helps identify, assess, and notify breaches within mandated timeframes.

Cross-functional Collaboration

Cross-functional Collaboration

Centralized platform that supports roles across Legal, Compliance, IT, and Business teams for shared ownership and faster implementation.

Centralized platform that supports roles across Legal, Compliance, IT, and Business teams for shared ownership and faster implementation.

Ready to get started?

Ready to get started?

Ready to get started?

Request a free demo today to see how GoTrust can guide your trust transformation journey 

Request a free demo today to see how GoTrust can guide your trust transformation journey 

GoTrust Knowledge Hub

GoTrust Knowledge Hub

Stay informed with insights, updates, and expert perspectives on data privacy, compliance, and digital trust.

Stay informed with insights, updates, and expert perspectives on data privacy, compliance, and digital trust.

Stay informed with insights, updates, and expert perspectives on data privacy, compliance, and digital trust.

Stay informed with insights, updates, and expert perspectives on data privacy, compliance, and digital trust.

مهمتنا هي تبسيط إدارة البيانات، وتعزيز الأمان، وضمان الالتزام - كل ذلك ضمن أداة واحدة قوية

© 2024-25 GoTrust | Made in Netherlands

info@gotrust.nl

مهمتنا هي تبسيط إدارة البيانات، وتعزيز الأمان، وضمان الالتزام - كل ذلك ضمن أداة واحدة قوية

© 2024-25 GoTrust | Made in Netherlands

info@gotrust.nl