DPDP Reference Guide

DPDP Act 2023 Glossary

Complete definitions of key terms from India's Digital Personal Data Protection Act. Essential reference for compliance officers and legal teams.

DPDP 2023 Compliant
Official Terminology

Cross-Border Data Transfer

Section 16

Transfer of personal data outside India's borders. Under DPDP, such transfers are permitted to countries notified by the Central Government, while transfers to restricted countries are prohibited.

Data Breach

Section 8(6)

Any unauthorized processing of personal data or accidental disclosure, destruction, or loss of personal data that compromises its confidentiality, integrity, or availability. Data Fiduciaries must notify the Board and affected Data Principals.

Data Fiduciary

Section 2(i)

Any person (including a company, firm, or individual) who alone or in conjunction with other persons determines the purpose and means of processing personal data. Data Fiduciaries bear primary responsibility for DPDP compliance.

Data Principal

Section 2(j)

An individual whose personal data is being collected or processed. Under DPDP Act 2023, Data Principals have specific rights including the right to access, correct, and erase their personal data.

Data Processor

Section 2(k)

Any person who processes personal data on behalf of a Data Fiduciary. While Data Processors act under the instructions of Data Fiduciaries, they must also ensure data security.

Data Protection Board of India

Section 18

The regulatory body established under DPDP Act 2023 to adjudicate disputes, impose penalties, and ensure compliance. The Board has the power to impose penalties up to ₹250 crore for violations.

Data Protection Officer (DPO)

Section 10(2)

A senior official appointed by Significant Data Fiduciaries to oversee data protection strategy and compliance. The DPO serves as the point of contact for the Data Protection Board.

Digital Personal Data

Section 2(n)

Personal data that is in digital form. This includes data that was originally collected in non-digital form but subsequently digitized. DPDP Act 2023 primarily governs digital personal data.

Legitimate Uses

Section 7

Lawful grounds for processing personal data without explicit consent, including voluntary data provision, state functions, legal obligations, medical emergencies, employment, and public interest purposes.

Penalties

Schedule (Penalties)

Monetary fines imposed by the Data Protection Board for DPDP violations. Penalties range from ₹10,000 for minor violations to ₹250 crore for significant breaches affecting national security.

Personal Data

Section 2(t)

Any data about an individual who is identifiable by or in relation to such data. This includes names, addresses, phone numbers, email addresses, biometric data, and any other identifying information.

Processing

Section 2(x)

Any operation performed on personal data including collection, recording, organization, structuring, storage, adaptation, retrieval, use, disclosure, dissemination, restriction, erasure, or destruction.

Right to Correction

Section 12

The right of Data Principals to request correction or completion of inaccurate or misleading personal data, and to update personal data that is incomplete.

Right to Erasure

Section 12

The right of Data Principals to request deletion of their personal data when it is no longer necessary for the purpose it was collected, or when consent is withdrawn.

Significant Data Fiduciary

Section 10

A Data Fiduciary notified by the Central Government based on factors such as volume and sensitivity of personal data processed, risk of harm, and potential impact on sovereignty and security of India.

Need Help with DPDP Compliance?

AquaConsento simplifies consent management and DPDP compliance for your business. Get started with our expert-led platform today.

Book Demo
Chat on WhatsApp
+91 6290447344