India
Conclusion
i. Breach in observing the obligation to give the Board or affected Data Principal notice of a personal data breach – Up to INR 250 crores (approx. 33 million USD). ii. Breach in observance of additional obligations in relation to children - Up to INR 200 crores (approx. 26 million USD). iii. Breach in observance of additional obligations by a Significant Data Fiduciary - Up to INR 150 crores (approx. 20 million USD). iv. Breach in observance of the duties by the Data Principal – Up to INR 1000 (approx. 33 USD 12). v. Breach of any term of voluntary undertaking accepted by the Board – Up to the extent applicable for the breach in respect of which the proceedings were instituted vi. Breach of any other provision of this Act (or the rules made thereunder) - Up to INR 50 crores (approx. 7 million USD).
The enactment of the DPDPA has been a major positive development in India in the field of data protection. While the statute is yet to be officially notified (subsequent to which it will come into force), businesses in India have already started the process of putting in place policies and mechanisms for observing compliance with the provisions of the statute. The enactment of this statute has put India at par with the other nations in terms of having a robust data protection legislation. Further, the magnitude of penalties (which are much higher than the GDPR) will ensure that businesses will take concrete steps to ensure that they are compliant with the provisions of the statute.
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