Why Your Current GDPR Compliance Solution provider Will Fall Short Under India’s DPDP Act
Attention enterprises: transitioning from GDPR compliance to the Digital Personal Data Protection Act (DPDP Act) in India involves significant shifts. The DPDP Act introduces unique requirements that necessitate specialized solutions beyond what your current vendors offer. Let’s explore these key differences and why a tailored approach is essential.
1. Language and Communication Requirements
Language Requirements: Local Adaptation Needed While GDPR emphasizes clarity, the DPDP Act mandates that all notices and consent forms be available in multiple regional languages. This requirement is not merely a suggestion but a legal obligation.
Notices for New and Retrospective Users: Comprehensive Communication The DPDP Act requires enterprises to provide clear notices to both new and existing customers. This means reaching out to your entire customer base, informing them of their rights and your data practices.
Are your current vendors capable of meeting these extensive language and communication requirements?
2. Consent Management and Proof
Purpose Limitation and Explicit Consent: No Room for Ambiguity GDPR set the stage for consent, but the DPDP Act demands even more specificity. Explicit consent for each specific purpose is mandatory.
Verifiable Parental Consent: Rigorous Requirements For processing children's data, the DPDP Act requires verifiable parental consent for anyone under 18. This is more than a simple checkbox; it demands robust mechanisms to authenticate parental permissions.
Consent Artifact: A Unique Compliance Element One of the most distinctive aspects of the DPDP Act is the concept of a consent artifact. This digital proof of consent must be maintained and retrievable at any time.
Are your existing systems equipped to manage and track these explicit consents accurately, and do they support the creation and maintenance of consent artifacts?
3. Compliance and Accountability
Burden of Proof on Fiduciaries: Demonstrable Compliance The DPDP Act places the burden of proof on data fiduciaries. This involves maintaining detailed records and demonstrating compliance with every aspect of data handling.
Fines and Penalties: Focused on Data Fiduciaries Unlike GDPR, which penalizes both processors and controllers, the DPDP Act targets data fiduciaries exclusively. This means the accountability cannot be transferred.
Are your solutions designed to handle these direct compliance risks and provide verifiable proof of compliance?
The DPDP Act introduces requirements that necessitate specialized solutions. From language adaptations and verifiable parental consent to the unique consent artifact, compliance with the DPDP Act demands more than what standard GDPR tools provide.
Ensure your enterprise is equipped to meet these new requirements with solutions designed specifically for the DPDP Act. Transitioning smoothly will require more than your existing vendors offer, so it’s crucial to adapt and upgrade accordingly.
