Modi government to notify data protection rules before Maharashtra polls
The Indian government will soon announce its long-awaited administrative rules on personal data protection, a top lawmaker said to the Economic Times. The Ministry of Electronics and Information Technology (MeitY) has been working with industry stakeholders, to address concerns of potential business disruptions after the implementation of these rules. The announcement is expected "well before" the Maharashtra assembly elections, which are scheduled for November 20.
DPDP Act: Awaiting final approval
The Digital Personal Data Protection (DPDP) Act, which was enacted in August 2023, is still not operational. "The approvals take time. There is nothing to worry about. Only the home ministry's approval is pending," a government official told ET. The Act wants to regulate storage, processing, and transfer of personal data by users and organizations, through a consent-based framework on data minimization principles.
New law imposes strict rules for children's data
The new law also has strict rules for parental consent for data related to those under 18 years, a provision that has raised concerns among social media platforms. To quell these fears, MeitY had called a meeting of industry stakeholders earlier this month. "There is also an assurance that there will be enough time for implementation of these rules," another senior official said.
Industry assistance and preparation for DPDP Act
Companies and consulting firms well-versed with the DPDP rules are likely to help the industry understand implementation and compliance. Policy experts recommend businesses prepare well for this regulation. Akshayy Nanda, a partner at legal firm Saraf and Partners, proposed steps like data mapping, inventory audits, reviewing agreements with data processors, drafting privacy-related policies, and training employees on new procedures.
Compliance with DPDP Act requires continuous effort
Nanda stressed that DPDP Act compliance is not a one-time task but an ongoing effort. "Businesses that have not commenced their journey of compliance and are waiting for the rules to be published will face a significant shock and substantial challenges in the foreseeable future," he warned. Arun Prabhu, partner at law firm Cyril Amarchand Mangaldas, said several entities have already begun data discovery, mapping, and work on consent and contracting to improve their posture in preparation for the law.
