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ARTICLE · 06 OCTOBER 2023

Contractual Arrangements Under India's New Data Protection Law: A Data Fiduciary's Guide To The Data Processing Universe

Under India's new Digital Personal Data Protection Act, 2023 (the "DPDP Act"), entities which process any personal data in digital form will be required to implement appropriate...

IndiaPrivacy

Background

Under India's new Digital Personal Data Protection Act, 2023 (the “DPDP Act”), entities which process any personal data in digital form will be required to implement appropriate technical and organizational measures to ensure compliance. In addition, entities will remain responsible for protecting such data as long as it remains in their possession or under their control, including in respect of separate processing tasks undertaken by data processors on their behalf. These overarching responsibilities will extend to taking reasonable security safeguards and procedures to prevent data breaches, as well as complying with prescribed steps if and when a breach does occur.

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