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    Digital Personal Data Protection Act: Why Not Just IT But Every Department Needs to Take Notice

    The Indian Government’s recent passage of the Digital Personal Data Protection Act (DPDPA) during the monsoon session has made compliance an essential requirement for businesses across the country. This groundbreaking legislation aims to ensure the privacy of individual data, granting every Indian citizen the right to protect their personally identifiable information. 

    Public sentiment is largely positive, with many hoping the DPDPA will end spam calls and prevent the misuse of personal information. Businesses, however, face uncertainty regarding the implementation of the law. Despite the Act’s benefits—transparency, accountability, security, and privacy—it imposes potential fines of up to Rs 250 crore for non-compliance and data breaches, which is a concerning aspect for businesses

    Expert Insights on the Digital Personal Data Protection Act

    Sameer Mathur, Managing Partner, SM Consulting
    Sameer Mathur, Managing Partner, SM Consulting

    Sameer Mathur, Managing Partner, SM Consulting, highlighted the comprehensive nature of the DPDPA. “Every Indian citizen now has the full right to ensure privacy for their personally identifiable information,” he stated.

    • The Act applies to all entities in India, including:
      • Companies (product and TSR companies).
      • NGOs.
      • Partnership firms.
      • Individual citizens.

    The law mandates that all entities, despite the magnitude of their operations, take all possible measures to prevent any leakage of digital personal data.

    Responsibility and Implementation of DPDPA

    The responsibility for compliance lies with the company’s board of directors. IT departments play a crucial role in implementing data security measures but are not solely responsible for data generation, says Mathur.

    Personal data generation occurs across various departments:

    • HR Departments: Manage employee data and new interviewees.
    • Marketing Departments: Collect data from social media and other sources.
    • Sales Departments: Handle data from previous customers.

    Mathur emphasized the need for a holistic approach, involving legal, HR, sales, marketing, and accounts teams in ensuring data privacy.

    Government Measures and Future Steps

    With a new government expected to form soon, immediate actions towards full compliance with the DPDPA are anticipated. The formation of an independent Data Protection Board, comprising eight members, will be the next critical step. This board will develop rules and regulations to ensure 100% compliance.

    The DPDPA is similar to the General Data Protection Regulation (GDPR) in the European Union. The GDPR has led to significant fines for non-compliance among major organizations, emphasizing the critical nature of data protection regulations.

    “As businesses across India adapt to the new standards set by the Digital Personal Data Protection Act, they must ensure rigorous compliance to protect the privacy and integrity of personal data. The DPDPA heralds a new era of data privacy, requiring coordinated efforts across all sectors to safeguard personal information,” said Mathur.

    Workshop on Digital Personal Data Protection Act

    SM Consulting, in association with Tech Achieve Media, is organising a virtual workshop on “Mastering data protection: Your guide to DPDPA compliance” on 1 June 2024. The session has been designed to guide leaders through the intricacies of DPDPA compliance. The session will offer insights into data mapping, consent management, grievance redressal, and more, essential for seamless compliance implementation. Those interested are advised to drop an email to info@techachievemedia.com.

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