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Last Updated: 2025-03-12 ~ DPDP Consultants
In anticipation of the
forthcoming Digital Personal Data Protection (DPDP) rules, Indian companies
across various sectors are proactively enhancing their data protection
frameworks. This includes updating privacy policies and appointing Data
Protection Officers (DPOs) to ensure compliance with the new regulations.
The draft DPDP rules,
accepted on January 3, 2025, have prompted organizations to intensify
compliance audits and strengthen data governance structures. Major corporations
such as Meta, Muthoot Fincorp, and Fynd (Shopsense Retail Tech) are
actively recruiting DPOs to oversee sensitive personal data and ensure
adherence to data protection laws. Additionally, companies like American
Express and McDonald's are seeking professionals for roles in data
governance and management.
Under the DPDP Act, while
not all data fiduciaries are mandated to appoint a DPO, entities processing
substantial amounts of personal data are required to do so. This move is
crucial for maintaining compliance with the evolving regulatory landscape.
Consultancy firms have
reported a surge in inquiries from businesses aiming to align with the new
regulations. Jasprit Singh, partner at Grant Thornton Bharat, noted that
following the release of the DPDP Act and its rules, many clients have sought
guidance on achieving compliance. The firm advises conducting gap assessments
and updating privacy documentation, including notices, policies, and
cross-border transfer clauses.
Organizations like Growing
Pro Technologies have initiated comprehensive audits to ensure their data
practices comply with the evolving regulations. These audits encompass data
flow and processing, security and compliance, and third-party vendor risk
assessments. Consequently, the company is revising its privacy policies to
address any identified gaps.
Despite these efforts,
challenges persist. A recent study by the Advertising Standards Council of
India (ASCI) revealed that only 6% of Indian websites are prepared to
comply with the Act's cookie processing requirements, indicating potential
impacts on online marketing. Businesses are also evaluating how to obtain user
consent without causing friction and how the regulations might affect the use
of algorithmic software or AI model training using public data.
The public feedback period
on the draft rules concluded on March 5, 2025. As the finalization of these
regulations’ approaches, businesses are urged to continue strengthening their
data protection measures to ensure full compliance and maintain consumer trust.
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