DPDPA compliance services in India

The DPDPA and the GDPR: the differences that matter

Significant differences exist between the DPDPA and the EU GDPR legislation.

Organisations need to understand where the regulations overlap and where they diverge. Compliance with one regulation does not equate to compliance with both.

Read our blog to understand the key differences and what this means for your business, or speak with our experts.

Consent Management: What you need to know

The DPDPA is very much a consent-first (although other provisions exist for processing such as for the purpose of employment for example).

The DPDPA’s consent‑centric framework requires organisations to implement robust consent management processes, ensuring consent is free, specific, informed and unambiguous.

Businesses will likely need to upgrade internal systems to maintain accurate records and manage consent in line with their DPDPA compliance obligations.

Starting readiness work now by mapping data flows and reviewing consent journeys is the easiest way to streamline compliance, prevent bottlenecks and avoid regulatory penalties.
 
Read our recent blog on DPDPA misconceptions to understand more or speak to our experts.

Significant Data Fiduciaries: Enhanced compliance obligations

The DPDPA introduces the concept of the Significant Data Fiduciary (SDF). Nominated by the Central Government on the basis of the volume and/or the sensitivity of the personal data they collect, an SDF will be subject to additional obligations. They must:

• appoint a Data Protection Officer
• conduct periodic Data Protection Impact Assessments, and to provide the Data Protection Board with a report containing significant observations
• undergo independent audits annually
• establish robust governance and accountability frameworks
• undertake due diligence to ensure no algorithm poses a risk to the rights of the individuals
• ensure that certain categories of data (as designated by the Central Government) are not transferred out of India. 

We believe a spotlight will be on SDFs meaning they are likely to be the first in the firing line for regulatory action. 

Read our blog to understand what it means to be a SDF or speak to our experts.

 

The DPDPA and AI: Compliance requirements explained

Enacted to safeguard individual privacy in the digital age, the DPDPA governs the use of digital personal data. Within the Act, there are specific provisions which have far-reaching implications for AI development and deployment within the country. These include:

• Consent-first processing: Explicit user consent is required before processing personal data. AI systems rely on extensive data sets making this a practical headache for AI developers.

• Purpose limitation & minimisation: Personal data must only be used for specified purposes meaning it cannot be repurposed to train AI models.

• Data subject rights: Access, correction and erasure rights impact trained models and outputs.

• SDF governance obligations: The Act requires data fiduciaries to use personal data for specified purposes only and mandates specific security safeguards.

• Public data conundrum: The DPDPA exempts data made "publicly available" restricting AI developers access.

Struggling to navigate the DPDPA's impact on AI developments and deployment, speak to our team of experts.

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DPDPA compliance: specialist advisory services

India’s scale and diversity bring unique challenges in personal data protection. Successful data protection programmes require organisational transformation, combining legal, operational, IT and training functions to achieve compliance leveraging customer trust, operational efficiency and data asset value.​

We have unrivalled global experience in end-to-end delivery of data protection programmes.

Click on the links below to explore our services.

Data privacy and audit - laying the foundations of privacy.

Privacy operating model - practical privacy and strong governance.

Benchmarking - an assessment of your privacy maturity.

AI governance - comprehensive support across AI governance, AI audit and AI by design.

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