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Navigating Compliance with the Digital Personal Data Protection Act (DPDPA)
The Digital Personal Data Protection Act (DPDPA) presents a significant challenge for Indian companies, as failure to maintain compliance can lead to potential business disruptions. One of the primary hurdles is the increasing difficulty of obtaining valid consent from data principals. To stay compliant and ensure business continuity, companies must adopt lawful approaches when engaging with data principals.
Key Issue: Determining the Right Approach and Timing for Data Processing
Under the DPDPA, companies must establish a legal basis for processing personal data. The law mandates that businesses choose between obtaining consent or relying on legitimate use as the foundation for their activities. This legal basis must be established before any outreach—whether it’s a phone call, email, or other forms of contact with the data principal.
When it comes to consent under the Digital Personal Data Protection Act (DPDP), it’s critical to obtain the data principal’s explicit, freely given, informed, and unambiguous agreement for data processing. This consent must be clear, specific, and aligned with the intended purpose of the data usage.
The real challenge lies in effectively implementing consent mechanisms. How will your communication strategies adapt to ensure DPDP compliance? How can you engage with clients and prospects within this new regulatory framework? What steps should you take if a data principal exercises their right to erasure under the DPDP Act?
Navigating the intricacies and nuances of the DPDP Act can be complex. Our expert team is here to help you achieve compliance, avoid penalties, and build lasting trust with your customers by ensuring your business operations remain in line with the latest data protection regulations.