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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Discover Frequently Asked Questions from Our Support
The Digital Personal Data Protection Act, 2023 mandates that the entity collecting personal data must seek the consent of the individual to whom such data belongs after duly informing them of the nature of the processing and their rights under the new law. While certain provisions are already in force, the provisions applicable to entities will come into force on 13.05.2027.
We at Corrida Legal ensure that entities are not only compliant with respect to their documentation by conducting a Digital Personal Data Protection Act compliance advisory for the Indian business but also review their internal functions to strategise and undertake measures that minimise risk under the new regime.
Entities must undertake active measures to review their internal functions and data collection regimes to ensure that they are able to pivot to a privacy by design model. This enables ease of compliance with privacy laws and reduces instances of penalisation under the data protection laws.
Corrida Legal, to ensure a smooth transition for entities into the new legal regime, provides services that focus on identifying areas of concern by conducting compliance advisory, gap assessments, and privacy audits. We also provide services of reviewing the data processing regime, which involves preparing Record of Processing Activities, reviewing vendor data processing agreements, data mapping, and a consent management framework, enabling easier compliance and the preparation of data privacy notices along with other requirements under data protection laws.
Whilst the Digital Personal Data Protection Act, 2023, does not presently specifically grant class-based exemptions to entities, the law mandates that certain entities which are deemed Significant Data Fiduciaries under the law must comply with additional obligations, such as Data Protection Impact Assessments and the appointment of a Data Protection Officer.
Corrida Legal assists MSME by reducing the volume of personal data being collected through gap assessments, compliance advisory, privacy audits, and data mapping, thereby protecting MSME from additional compliance under the Digital Personal Data Protection Act, 2023.
The Digital Personal Data Protection Act, 2023, mandates that the entity collecting personal data of any individual must duly inform them and seek their consent. Thus, entities must ensure that they have implemented a Privacy Notice and Privacy Policy. Additionally, if any information is being shared with an external entity for the purpose of processing, then a Data Processing Agreement may also be executed by and between such entities.
Corrida Legal provides not only for the preparation of the Privacy Notice, Privacy Policy, and Data Processing Agreement, but also preparation of additional risk-prevention documents, such as privacy audits, Records of Processing Activities, Data Breach Mechanisms, and Data Mapping.
Whilst the Digital Personal Data Protection Act, 2023, does not impose criminal liability, non-compliance with the law is subject to a penalty which may extend to INR 250 crore depending on the violation.
Corrida Legal assists with risk mitigation by ensuring that the entities remain compliant with all regulatory requirements under the Digital Personal Data Protection Act, 2023. Furthermore, we will undertake to represent the entity before the Data Protection Board of India once the act becomes completely operationalised.