Details

1. History and International Perspective of DPDPA

The session will start with an overview of the evolution of data protection laws in India, tracing the journey from early regulations to the current DPDPA, 2023. Key milestones such as the establishment of the Information Technology Act, 2000, the recommendations of the Justice Srikrishna Committee, and the drafting phases of the DPDPA will be highlighted. This background will help participants understand the context and necessity of the new legislation. International Data Laws like GDPR will be analysed.

 

2. Introduction to Concepts

Participants will be introduced to the fundamental concepts and definitions critical to understanding the DPDPA. This includes a thorough explanation of what constitutes personal data and the distinctions between different types of data (sensitive personal data, critical personal data). Key terminologies like Data Fiduciary (entities that process data), Data Principal (individuals whose data is processed), and Data Processor (entities processing data on behalf of a Data Fiduciary) will be elucidated to set a strong foundation for the following sessions.

 

3. Obligations of Data Fiduciary

This session will delve into the various responsibilities and obligations placed on data fiduciaries by the DPDPA. Topics will include the lawful collection, storage, and processing of personal data, ensuring data accuracy, and implementing robust security measures to protect data from breaches. Additionally, the session will cover the requirement for data fiduciaries to be transparent about their data processing activities and to maintain records of such activities to demonstrate compliance.

 

4. Rights and Duties of Data Principal

The rights of data principals (individuals) under the DPDPA will be thoroughly discussed. Participants will learn about their rights to access, correct, and erase their personal data, and the right to data portability. The session will also highlight the duties of data principals, such as providing accurate information and understanding the consequences of their consent or withdrawal of consent for data processing.

 

5. Processing of Personal Data

This session will explore the lawful bases for processing personal data, including consent, contractual necessity, compliance with legal obligations, protection of vital interests, and legitimate interests of the data fiduciary. It will also address the specific requirements for obtaining valid consent, the conditions under which data can be processed without consent, and the policies for data retention and deletion to ensure data is not kept longer than necessary.

 

6. Data Protection Board of India

The role and functions of the Data Protection Board of India will be examined in detail. This includes the board's responsibilities in overseeing the implementation of the DPDPA, its authority to enforce compliance, and its power to impose penalties for violations. The session will also cover the grievance redressal mechanisms provided by the board, ensuring that individuals and organizations can address their concerns and disputes effectively.

 

7. Compliance with Data Privacy Framework

This session will provide practical steps and best practices for organizations to ensure compliance with the DPDPA. Participants will learn about the importance of conducting data protection impact assessments, appointing data protection officers, and establishing data protection policies and procedures. The significance of drafting comprehensive Data Processing Agreements (DPAs) with third parties will be emphasized, ensuring that all data processors comply with the necessary data protection standards. Additionally, the creation and maintenance of clear and transparent Privacy Policies will be discussed, detailing how personal data is collected, used, stored, and shared, thereby building trust with data principals. Emphasis will be placed on the need for continuous monitoring and updating of data protection measures to stay compliant with evolving legal and regulatory requirements.

Adv Krithika is a passionate First-Generation Advocate who discovered the love for law by chance, making it the cornerstone of her life. Today for her Law isn’t just a profession but a way of life. With an LL.M in Criminal Law, an LL.M in Business Law, and a Post Graduate Diploma in Criminal Justice. She believes that experience is the best teacher and diversity is its classroom. Her diverse career spans startups, universities, and prestigious law firms, MNC, enriching her expertise across various work cultures. As a dedicated educator, she has shared their industry knowledge through roles in multiple NGOs across the country. At the Indian Institute of Industrial and Professional Studies, she mentors law students and professionals, inspiring a love for lifelong learning. With over 8 years of experience, she believes in the boundless pursuit of knowledge, always striving to surpass yesterday’s achievements, embrace tomorrow’s challenges, and live her best today.