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ARTICLE · 11 NOVEMBER 2024

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Enforcement And Penalties Under The Digital Personal Data Protection Act, 2023

JSA Advocates & Solicitors
JSA Advocates & Solicitors
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JSA Advocates & Solicitors

JSA Advocates & Solicitors

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The Digital Personal Data Protection Act, 2023 ("DPDPA") establishes a multi-tier oversight mechanism and a penalty framework to enforce accountability among data fiduciaries.

IndiaPrivacy
Akshaya Suresh
Akshaya Suresh
Drishya Kamath
Drishya Kamath
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The Digital Personal Data Protection Act, 2023 ("DPDPA") establishes a multi-tier oversight mechanism and a penalty framework to enforce accountability among data fiduciaries. In the eighth edition of the Prism series, we delve into the enforcement mechanisms and penalties for non-compliance under DPDPA. DPDPA requires that the data principal must first exhaust the grievance redressal mechanism provided by the data fiduciary or consent manager and then approach the Data Protection Board of India ("Board"), if not resolved by the data fiduciary/consent manager. We analyse the powers and functions of the Board, its complaints resolution procedure and factors for imposing penalties. In the latter section of the Prism, we compare enforcement and penalty provisions across major data protection laws, such as the General Data Protection Regulation ("GDPR"), California Consumer Protection Act ("CCPA") and Singapore's Personal Data Protection Act ("PDPA").

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