DPDP Act, 2023 Compliance

India’s Digital Personal Data Protection Act, 2023 (DPDP Act) marks a milestone in India's data governance journey. The law is intended to empower individuals living in India with rights over their personal data. The Law also enforces standards of accountability on organizations handling such data. For executive leadership teams across industries, understanding the implications of this Act is no longer optional—it’s a regulatory, reputational and business imperative.

DPDP Act - In a nutshell

The DPDP Act was enacted in August 2023 and is expected to be enforced once the DPDP Act Rules are notified.

The Act draws parallels with global frameworks like the EU General Data Protection Regulation (GDPR), but is contextualized for India's digital economy.

The DPDP Act introduces terminology such as ‘Data Fiduciary’ (entity deciding the purposes of personal data), ‘Data Principal’ (individual whose data is processed), and ‘Consent Manager’ (intermediary managing consent).

Bellwether has developed a world-class Enterprise Risk Management framework by combining functional, information security and legal expertise. Our DPDP Act consulting clients range from start-ups to large enterprises.

Understanding the Challenges

While most executive leaders recognize the importance of data privacy, translating this understanding into operational readiness can be challenging. Common issues include

• lack of clarity on data flow mapping

• difficulty in consent management implementation,

• uncertainty about cross-border data transfers, and

• fragmented data security controls

Furthermore, technology stacks often evolve faster than governance policies making the technical measures related to data security a challenge.

Why Bellwether for

DPDP Act Readiness

Readiness Assessment & Gap Analysis

We begin with a detailed review of your current data handling practices across business units, geographies and third parties. Using our DPDP Control Framework, we identify gaps and categorize them as high, medium or low risk. The assessment covers consent practices, notice mechanisms, grievance redressal protocols, data retention policies, and data transfer procedures.

Policy and Governance Framework

Based on identified gaps, we assist in drafting or revising core policies such as Privacy Policy, Consent Notice, Data Retention Policy, and Grievance Redressal Procedures. We help establish governance mechanisms including Data Protection Officer (DPO) roles and reporting structures.

Technology Integration

We work closely with IT teams to ensure systems are equipped to enforce user rights. This includes implementing role-based access controls (RBAC), secure audit trails, and purpose limitation enforcement. We guide integration with Consent Manager platforms and enable automation of Data Principal Rights workflows.

Vendor Due Diligence and Contracts Review

We assess your third-party vendors and data processors to ensure their practices are compliant. We also review and redraft data processing clauses in commercial agreements to reflect accountability and lawful processing principles under the Act.

Training & Awareness

Leadership-focused and employee-focused training modules are delivered to ensure privacy by design principles are embedded across teams. We also conduct board-level sessions to help executive teams for providing data privacy regulatory exposure.

Breach Management

We help you in designing Data breach response protocols, with focus on the 72-hour breach notification requirement to the Data Protection Board and Data Principals. Our internal security response plan and procedures help you to fulfil this obligation and reduce penalties even in case of a personal data breach.

Significant Data Fiduciary Support

For significant data fiduciaries, who are subjected to additional requirements by the DPDP Act, Bellwether can help with documentation for Data Protection Board inspections, including but not limited to:

• Records of Processing Activities (ROPA),

• Consent logs

• Grievance logs

• DPIA (Data Protection Impact Assessments)

• Internal audit & reporting

Our Data Privacy regulatory consultants can drive your Enterprise Risk Management

Looking for DPDP Act Compliance Consultant?

Bellwether has developed a world-class Enterprise Risk Management framework by combining functional, infosec and, legal expertise. Our DPDP Act consulting clients range from start-ups to large enterprises.

Get in touch today to talk to a DPDP Act Compliance Consultant and explore the ways to manage your enterprise risk and uncover value.

DPDP Act penalties

Failure to take reasonable security safeguards

If there's a data breach due to poor security controls

Failure to inform the Data Protection Board and user about data breach

If you suffer a data leak and don't notify the user or the Board

Processing children's data without required safeguards parental consent

If you collect data from children but fail to follow rules

Failure to address Data Principal (user) rights

If a user asks to access/delete/correct their data and you don’t respond

Non-compliance of Significant Data Fiduciaries

If high-risk processors don’t appoint a DPO or perform audits as required

Understand your Privacy risk.

Evaluate your data security processes.

Stay compliant.

Avoid penalties !!!

DPDP Act, Compliance

The author heads the practice of Cybersecurity and Data Privacy Compliance at Bellwether. At Bellwether, he has been advocating the core principles of EU-GDPR like data minimization, purpose limitation, explicit consent and privacy by design and default. Apart from delivering end-to-end consulting engagements in the DPDP Act, 2023, EU-GDPR, HIPAA, PCI-DSS, FDA 21 CFR part 11, NIST CSF, he leads data privacy and infosec consulting practice at Bellwether with a team of experienced consultants in the field of global data privacy regulations.

LinkedIn: https://in.linkedin.com/in/balu0103