Data has become one of the most valuable assets in today’s interconnected digital world, driving innovation, commerce, and communication. However, this increasing reliance on data has also heightened concerns, particularly around rising cyber threats and privacy issues.

On August 11, 2023, the Honourable President approved the Digital Personal Data Protection Act (DPDPA), 2023, commonly known as the ‘Privacy Law’ or ‘Data Protection Law.’ This landmark legislation underscores the importance of accountability in managing digital personal data and highlights the necessity of explicit and transparent consent for data collection, processing, and storage.

Netrika is pleased to announce an online live workshop on the Digital Personal Data Protection Act. This comprehensive one-of-its-first training course delves into the key concepts of privacy and provisions within the Digital Personal Data Protection Act 2023 (DPDP Act), equipping participants to navigate the Indian data regulatory landscape and ensure compliance.

Data Classification and Handling

The Digital Personal Data Protection Act (DPDPA) 2023 emphasizes the importance of data classification and handling to ensure that personal data is managed securely and appropriately.

Under this law, organizations must categorize data based on its sensitivity, with specific provisions for handling different types of personal data. Sensitive personal data includes information such as financial details, health records, biometric data, and other categories that require enhanced protection due to their nature.

Data Collection and Consent Management

Under Section 4(1) of the DPDP Act 2023, businesses must have a legal basis to process personal data, with consent being crucial. Section 5(1) requires a privacy notice detailing the rights and purposes of data collection before obtaining consent.

As the act applies to any data collected before August 11, 2023, DPCM allows organizations to act on legacy data by sending privacy notices and consent in bulk. DPCM’s dashboards allow real-time compliance monitoring, helping organizations stay compliant.

Data Processing and Storage

The DPDP Act of 2023 establishes a framework for lawful personal data processing. Data processing entities may process data either with explicit consent or based on legitimate interests defined by the Act. Consent must be freely given, specific, informed, and unambiguous.

Data collection must be limited to the purpose specified, and individuals must be provided with clear information about data usage and their rights, including the right to withdraw consent. Data storage should be secure, with retention limited to what is necessary for the intended purpose.

Data Breach Management

The DPDP Act establishes the Data Protection Board of India with the authority to oversee compliance, impose penalties, and address data breach incidents. Board members will serve two-year terms, with the specific number of members and selection process determined by the central government. Appeals against Board decisions will be directed to the TDSAT.

The Act imposes substantial penalties for non-compliance, including up to ₹200 crore for violations affecting children and ₹250 crore for data breaches. These penalties will be imposed by the Board following a thorough investigation.

Data Subject Rights

An individual whose data is being processed (data principal) has the following rights:

• Access Information: Obtain details about the processing of their personal data.
• Request Corrections: Seek correction or erasure of their personal data.
• Nominate a Representative: Designate another person to exercise their rights in the event of death or incapacity.
• Grievance Redressal: File complaints for the resolution of grievances.

Data principals also have specific responsibilities:

• Avoid False Complaints: They must not register false or frivolous complaints.
• Provide Accurate Information: They must not furnish false information or impersonate another person in certain situations.

Non-compliance with these duties can result in a penalty of up to Rs 10,000.

Third-Party Risk Management

Thoroughly identify and assess third-party vendors to understand potential risks. Implement robust security measures within your organization and enforce equivalent standards on third parties through contractual obligations. This proactive approach safeguards your data and minimizes vulnerabilities within the extended enterprise.

Data Protection Impact Assessments (DPIAs)

DPDP compliance is an ongoing obligation that organizations must uphold throughout their business operations. This is particularly critical for significant data fiduciaries, where personal data is processed across various sub-ecosystems.

Under Section 10 of the DPDP Act, significant data fiduciaries are legally required to conduct regular audits of their compliance measures. A Data Protection Impact Assessment (DPIA) serves as a comprehensive activity that identifies risks and assesses their impact on the organization’s compliance status, enabling timely and appropriate remedial actions.

Cross-Border Data Transfers

Section 16 of the DPDP Act allows the central government to restrict the transfer of personal data to specific countries through a notification, implying that data transfers to other countries are permitted unless explicitly restricted.

Without robust data protection laws in the recipient country, data stored abroad may be more susceptible to breaches or unauthorized access by foreign governments and private entities. Sectoral regulators like the RBI and SEBI can impose data localization requirements on entities under their purview.

Compliance and Audit Requirements

Organizations have a critical responsibility to maintain comprehensive records of their data processing activities. This includes detailed documentation of how personal data is collected, used, stored, and shared.

To ensure ongoing compliance with the DPDPA, organizations are also required to conduct regular audits of their data protection practices. These audits serve to identify any gaps or vulnerabilities in their data handling processes and to verify that all necessary security measures are in place. Furthermore, organizations must be prepared to demonstrate their compliance to regulators, providing evidence of their adherence to the DPDPA’s requirements.

Training on Specific Roles (Data Protection Officers, Compliance Teams)

Organizations must provide specialized training to Data Protection Officers (DPOs) and compliance teams to ensure they understand and fulfill their responsibilities under the DPDPA.

Awareness Training for Employees

Regular training programs/ workshops to educate employees, management, and third parties on data protection practices, emphasizing the Importance of compliance with the DPDPA.

Q1- What is the course design, and how does it adapt to different participant profiles?

The course is structured to cater to diverse professional backgrounds. It will be based on India’s DPDP Act 2023 and other allied laws that may influence the interpretation of the DPDP Act 2023, including competition law, telecom, and intermediary-related laws. Where relevant to the delivery of the course, instructors will draw upon international standards and guidance to supplement the course content. Data security standards such as the ISO 27001 and NIST framework will also be drawn upon.

Q2- Who is eligible for Digital Personal Data Protection Act 2023 Workshop?

Our comprehensive course is designed for a wide audience, including DPOs, CISOs, legal professionals, consultants, and those in technology and policy roles. Whether you’re seeking a foundational understanding or advanced strategies, this program equips you to navigate the complexities of the DPDP Act and build a robust data protection framework.

Q3- How can I attend the DPDPA Training?

Participants may select from a variety of delivery formats for the DPDPA Training, including online self-paced, online instructor-led, and onsite options, to align with their individual preferences and schedules.

Q4- Is this course suitable for law firms looking to train their teams?

Yes, this course is ideally suited for law firms seeking to enhance their team’s expertise in data protection. It offers a comprehensive curriculum encompassing fundamental data protection law, contract negotiation, and privacy program development.

Q5-: Are there any prerequisites for attending DPDP Act Workshop?

No formal prerequisites are required to enrol in our DPDPA training course. However, a foundational understanding of data protection laws, policies, and procedures can be advantageous.

Our training programs are meticulously curated and highly customizable to align with your organization’s specific requirements and objectives.

The pricing for these programs is flexible, determined by factors such as the number of participants and audience specifications, ensuring a cost-effective solution that meets your training goals.

Request a call back