The Digital Personal Data

Protection Bill, 2023

Key provisions,
enforcement, and
implementation
August 2023
 The Digital Personal Data Protection Bill, 2023

Table of contents

Introduction to the legislation 04

Enforcement timeline  04

Key provisions of the Bill  04

Rights and obligations under the Bill  05

Penalties for non-compliance  07

Enforcement and Governance  07

How can organisations prepare for compliance?  08

Connect with us  09

03
The Digital Personal Data Protection Bill, 2023

Introduction to the legislation Key provisions of the Bill

On 9 August 2023, the Digital Personal Data Protection Bill Scope
(DPDPB) of 2023, marking India’s first comprehensive privacy
The Bill defines personal data as any information that can
law, was approved by both houses of the Parliament. The
directly or indirectly identify an individual. It encompasses the
Bill has been designed to regulate the processing of digital
processing of personal data within India in digital format and
personal data, acknowledging both individuals' right to
digitized non-digital data. Additionally, the Bill applies to the
safeguard their personal information and organisations'
processing of digital personal data beyond India if it pertains to
legitimate purposes for data processing. Once approved by a
offering goods or services to data principals within the country.
competent authority, it will be enacted as a regulation.

Enforcement timeline The Bill does not cover personal data processed by individuals
for personal or domestic purposes or publicly available data.
The specific dates for enforcement of the Digital Personal
Data Protection Bill, 2023, are currently awaiting final
confirmation. Structure of the legislation
The Bill comprises 6 chapters, encompassing 33 sections and
one schedule, detailing penalties for non-compliance.

04
 The Digital Personal Data Protection Bill, 2023

Stakeholders
According to the Bill, "data principals" include individuals within India, as well as parents or lawful guardians of minors1 and persons
with disabilities. Additionally, the Bill defines the following key parties:

Agent of organisation or data processor: Any person processing personal data on behalf of a data fiduciary.

Appellate tribunal (Telecom Disputes Settlement): This tribunal handles appeals and complaints, related to
orders or directions, issued by the Data Protection Board of India.

Consent managers: Individuals authorised by data principals to manage, review, and withdraw consent through
an accessible, transparent, and interoperable platform, registered with the Board.

Data Protection Officer (DPO): An individual appointed by a significant data fiduciary to undertake activities
assigned within the Bill.

Organisation or data fiduciary: "Person" (including organisations and associations) determining the purpose
and means of processing personal data. Certain data fiduciaries may be categorised as "significant data fiduciary"
based on the data they process.

Regulatory body - the Data Protection Board of India (DPBI/Board): The primary regulatory body responsible
for enforcing the Bill.

Rights and obligations under the Bill

Data Principals
The Bill empowers individuals, i.e., data principals, with the following rights:

01 02 03 04

Receive information Correct and delete Seek grievance Nominate a third party to act on their
about their their personal data. redressal. behalf. Data principals are required
personal data. to comply with applicable laws while
exercising their rights under the
Bill. Non-compliance may result in
penalties of up to INR 10,000.

1
Minor refers to an individual who has not yet completed eighteen years of age.

05
The Digital Personal Data Protection Bill, 2023

Data Fiduciary and Data Processor • D

 ata handling: Data fiduciaries should ensure accurate
and complete processing of data, limiting it to specified
• C
 ompliance obligations: Organisations must fulfil
purposes. Data must be erased once the purpose of
their responsibilities under the Bill, irrespective of
processing is fulfilled, unless required for compliance with
agreements or non-compliance by data principals.
another law. Data fiduciaries may engage data processors
They must ensure accurate and complete personal
only under valid contracts. The data of minors and persons
data for decision-making and disclosures, along with
with disabilities should be processed only with verifiable
implementing adequate technical and organisational
parental/guardian consent, and certain types of processing,
measures for compliance.
such as tracking, behavioural monitoring, and targeted
• N
 otice: Data principals should receive notices that advertising directed at minors, are prohibited.
specify the personal data processed, the purpose of
• B
 reach notification: In case of a data breach, the Board and
processing, ways to exercise their rights, and contact
affected data principals must be notified.
information to reach the Board, for future data and for
data that has already been captured before the enactment • S
 ignificant data fiduciary: Organisations falling under
of the law. The notice should be provided in English or any this category must appoint an India-based Data Protection
of the 22 scheduled languages, depending on the data Officer (DPO) and undertake additional measures such as
principal's preference. Data Protection Impact Assessment and periodic data audits
by an independent data auditor.
• D
 isclosures: Data fiduciaries must provide details of all
other data fiduciaries and data processors upon request by
a data principal. Transfer of personal data outside India
The Bill allows the free transfer of personal data outside
• C
 onsent: Consent should be freely given, specific, informed,
India, except to countries expressly restricted by the
unambiguous, and followed up with clear affirmative action
Central Government. Furthermore, the Bill considers and
for a specified purpose.
retains provisions for other laws in India that may influence
international data transfers.

06
 The Digital Personal Data Protection Bill, 2023

Penalties for non-compliance

The Bill specifies various penalties for non-compliance, including:

Failure to prevent a personal data breach: Up to INR 250 crore (approx. USD 30 million).2

Failure to notify the breach to the Board and data principals: Up to INR 200 crore.

Non-fulfilment of obligations while processing children's data: Up to INR 200 crore.

Non-fulfilment of obligations by a significant data fiduciary: Up to INR 150 crore.

Breach of any voluntary undertaking given to the Board: Penalty up to the extent applicable
for the breach.

Miscellaneous non-compliance with provisions of the Bill: Up to INR 50 crore.

Enforcement and Governance

The Board, established by the Central Government, will be the statutory body responsible for enforcing the Bill. The Board's powers
and functions include issuing guidelines and regulations, determining non-compliance, imposing penalties, issuing directions to
remedy harm, and investigating violations.

2
INR to USD conversion rate 1 USD = 82.13 INR

07
The Digital Personal Data Protection Bill, 2023

How can organisations prepare for compliance?

Organisations should take the following steps to prepare for the Bill:

Familiarise themselves with the law.

Conduct a comprehensive data inventory using data discovery techniques.

Develop mechanisms to provide notices to data principals for personal data collected previously and going
forward.

Implement a consent management mechanism to collect, maintain, track, and update consent from individuals.

Establish and maintain reasonable technical and organisational security measures to protect personal data.

Conduct a gap assessment to evaluate readiness with the Bill.

Prepare and deploy mechanisms to respond to data principal rights requests.

Ensure valid contracts are maintained with data processors.

Monitor changes or updates to data protection laws and regulations.

08
 The Digital Personal Data Protection Bill, 2023

Connect with us

Anthony Crasto Abhijit Katkar

President, Risk Advisory Partner, Risk Advisory
Deloitte India Deloitte India
[email protected] [email protected]

Tarun Kaura Manish Sehgal

Leader – Cyber Advisory, Risk Advisory Partner, Risk Advisory
Deloitte India Deloitte India
[email protected] [email protected]

Gaurav Khera Sowmya Vedarth

Partner, Risk Advisory Partner, Risk Advisory
Deloitte India Deloitte India
[email protected] sovedarth @deloitte.com

09
The Digital Personal Data Protection Bill, 2023

10
The Digital Personal Data Protection Bill, 2023

11
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company
limited by guarantee (“DTTL”), its network of member firms, and their related entities. DTTL and
each of its member firms are legally separate and independent entities. DTTL (also referred to as
“Deloitte Global”) does not provide services to clients. Please see www.deloitte.com/about for a
more detailed description of DTTL and its member firms.

This material is prepared by Deloitte Touche Tohmatsu India LLP (DTTILLP). This material
(including any information contained in it) is intended to provide general information on a
particular subject(s) and is not an exhaustive treatment of such subject(s) or a substitute to
obtaining professional services or advice. This material may contain information sourced from
publicly available information or other third party sources. DTTILLP does not independently
verify any such sources and is not responsible for any loss whatsoever caused due to reliance
placed on information sourced from such sources. None of DTTILLP, Deloitte Touche Tohmatsu
Limited, its member firms, or their related entities (collectively, the “Deloitte Network”) is, by
means of this material, rendering any kind of investment, legal or other professional advice
or services. You should seek specific advice of the relevant professional(s) for these kind of
services. This material or information is not intended to be relied upon as the sole basis for any
decision which may affect you or your business. Before making any decision or taking any action
that might affect your personal finances or business, you should consult a qualified professional
adviser.

No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any
person or entity by reason of access to, use of or reliance on, this material. By using this material
or any information contained in it, the user accepts this entire notice and terms of use.

© 2023 Deloitte Touche Tohmatsu India LLP. Member of Deloitte Touche Tohmatsu Limited