The bill outlines 12 fundamental requirements, each crucial for ensuring compliance and fostering a culture of privacy within organizations operating in India.

1. Grounds for Processing Personal Data

The bill emphasizes processing personal data for legitimate purposes, primarily relying on consent. Unlike GDPR, which offers multiple grounds for processing, this bill prioritizes explicit consent from individuals.

2. Contracts with Data Processors

Similar to GDPR, organizations must establish valid contracts with third-party processors outlining their responsibilities in handling personal data.

3. Security of Personal Data

The bill mandates data fiduciaries to implement appropriate technical and organizational measures to safeguard personal data, echoing GDPR principles.

4. Data Breach Notifications

While resembling GDPR, the bill does not enforce a strict 72-hour rule for data breach notifications, providing some relief for companies. However, data fiduciaries must inform the Data Protection Authority and affected individuals about breaches.

5. Personal Data Retention

Data fiduciaries are required to erase personal data upon withdrawal of consent or fulfillment of the specified purpose. Additionally, they must notify data processors of such actions, ensuring transparency and accountability.

6. Contact for Concerns and Complaints

Transparency is key, with data fiduciaries obligated to provide business contacts for addressing queries and grievances of data principals.

7. Rights and Duties

Balancing rights with duties, the bill empowers data principals while emphasizing their responsibilities in providing accurate information and refraining from false grievances.

8. Significant Data Fiduciary

The government may designate certain data fiduciaries as significant, subjecting them to additional requirements such as appointing a data protection officer and conducting data audits.

9. Processing of Personal Data Outside India

The law applies not only to personal data processed in India but also to entities processing personal information outside India for Indian data subjects, ensuring comprehensive protection.

10. Exemptions

Various exemptions are provided, including those for outsourcing contracts and specific government functions, with a focus on balancing regulatory requirements with practical considerations.

11. Data Protection Board of India

Similar to GDPR's supervisory authorities, India's Data Protection Board oversees compliance, issues fines, and provides an avenue for appeals through a dedicated tribunal.

12. Penalties

Non-compliance with the bill may result in hefty fines, underscoring the importance of adhering to data protection standards and fostering a culture of compliance.

India's Digital Personal Data Protection Bill presents a comprehensive framework for protecting personal data, aligning with global privacy standards while addressing unique challenges within the Indian context. While reminiscent of GDPR in many aspects, the bill caters to India's cultural and geopolitical nuances, paving the way for a robust data protection regime. As organizations navigate these regulations, understanding and implementing these key requirements will be paramount to ensuring compliance and fostering trust among data subjects. With the right strategies in place, organizations can embrace data privacy as a core value, driving innovation while safeguarding individual rights in the digital age.

Punit Bhatia is one of the leading privacy experts who works independently and has worked with professionals in over 30 countries. Punit works with business and privacy leaders to create an organization culture with high AI & privacy awareness and compliance as a business priority by creating and implementing a AI & privacy strategy and policy.