DPDPA And Business Discontiniuity

The primary impact of DPDP compliance on Indian companies is potential business disruption. With the increasing challenge of obtaining consent from data principals, Indian companies must find lawful approaches to engage with data principals.

The crucial issue is determining what approach to use and when to employ it. The available options are consent or legitimate interest as the legal basis for business activities. According to the law, a legal basis must be established before commencing business activities. This means that before making a phone call or sending an email, you need to identify a legal basis.
If you opt for consent, it means obtaining the data principal’s clear, freely given, specific, informed, and unambiguous agreement for the processing of their personal data.

On the other hand, if you choose a legitimate interest, you must strike a balance between your interests and those of the data principal. You need to assess whether your interests outweigh the fundamental rights and interests of the data principal. It is crucial to consider the impact on the data principals, the methods of data processing, and the reasonable expectations of the data principal. Always remember that the individual’s rights take precedence over yours. Given these two options as the basis for legality, the challenge is implementing them effectively. How can you adapt your email communication to ensure DPDP compliance? How should you approach your clients in this new landscape? And how do you handle situations where a prospective client invokes the right to be forgotten?

The new Digital Data Protection Bill has its intricacies and nuances that are complex. Contact Us to let our team of experts help you with compliance, dodge penalties and build trust with your customers.