A. Compliance with the Digital Personal Data Protection Act (DPDPA)
- Structural advisory on DPDPA compliance mechanisms, including obligations for data fiduciaries and processors.
- Preliminary conduct of data privacy audits and gap assessments to identify the non-compliance risks and develop a data protection roadmap.
- End-to-end compliance with India's IT Act, GDPR and global data protection regulations. Comprehensive compliance for industries like FinTech, healthcare, e-commerce and telecom under the data protection laws.
- Consideration of lawful processing of data for AI and machine learning and automated profiling in consonance with the emerging regulatory trends.
- Devising advice for businesses on implementing the right to access, correction and erasure under DPDPA and GDPR.
- Aiding businesses in adopting privacy-enhancing technologies in consonance with the DPDPA and GDPR standards.
B. Privacy Policies & Data Processing Agreements
- Drafting, reviewing and negotiation, drafting and reviewing of privacy policy, data processing agreement, and consent management frameworks.
- Strategic structuring of agreements for data brokers, analytic firms, and adtech platforms to ensure legally viable data processing.
- Structuring of data retention, lawful processing and user rights implementation.
- End-to-end assistance in drafting notices, disclaimers, and consent forms to align with regulatory compliance.
C. Cross-Border Data Transfers & International Compliance
- Cross-border data transfers include the transition of personal information across borders, requiring compliance with different international regimes such as GDPR and India's DPDP Act, to safeguard data privacy and security.
- Formulation of strategy on cross-border data flow framework under DPDPA, GDPR, and the IT Act, structuring of standard contractual clauses and binding corporate rules for global data transfers, compliance with data localization mandates and sectoral data processing regime.
- Remote work and bring your own device compliances,i.e. ensuring secure handling of company data in hybrid and remote work models, integration of policies to ensure fair and non-discriminatory processing in HR analytics and AI-driven hiring.
D. Employee & Vendor Data Protection Compliance
- Strict compliance with regulations such as the DPDPA, with a specific focus on obtaining explicit purpose-specific consent.
- Implementation of role-based access, data encryption, and robust vendor agreements to safeguard sensitive personal data throughout the life cycle of operations.
- Integration of data privacy and security protocols for employee and HR data processing with compliance of DPDPA, GDPR, and labor laws.
- Inclusive drafting of IT security policies, employee confidentiality agreements, and internal data protection guidelines, structuring of employee data protection documents, including the personal information collection statements, privacy notices, and consent forms to ensure end-to-end compliance.
E. Cybersecurity & Data Breach Response Planning
- Developing structured data breach response plans, incident reporting frameworks, and mitigation strategies while complying with the cybersecurity best practices, encryption policies, and IT security frameworks.
- Preliminary assessment of cyber risk and penetration testing advisory, strategic advisory on incidents response, legal implications, notification obligations under DPDPA in case of ransomware attacks.
- Research and compliance with RBI's cybersecurity mandates for financial institutions, SEBI guidelines, and CERT-IN directives.
F. Data Privacy Audits & Risk Assessments
- Preliminary assessment of data processing risks, security vulnerabilities, and regulatory exposure by conducting privacy impact assessments and data security audits.
- Proposing remediation strategies and a compliance framework for businesses.
G. Consent & Notice Requirements
- Strategic advisory on automated consent tracking, audit logs for compliance and regulatory defense, lawful consent mechanisms under DPDPA, including explicit, informed, and revocable consent.
- Drafting of notice and transparency obligations, including privacy notices, just-in-time notices, and real-time consent prompts while complying with the granular consent collection, purpose limitation, and age verification requirements for minors.
- Developing the framework for consent withdrawal and a user rights implementation framework, which ensures users can easily manage their privacy preferences.
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