Digital Personal Data Protection Act

by CA Kamal Garg

CONTENTS AT A GLANCE

Bharat?	5
Preface	7
Detailed Contents	13

DIVISION I

Law & Practice

Chapter 1 Introduction	3
Chapter 2 Definitions	10
Chapter 3 Applicability	23
Chapter 4 Grounds for Processing Personal Data	33
Chapter 5 Notice	39
Chapter 6 Consent	46
Chapter 7 Certain Legitimate Uses of Personal Data	61
Chapter 8 General obligations of Data Fiduciary	75
Chapter 9 Processing of personal data of a child or a person with disability	92
Chapter 10 Additional obligations of Significant Data Fiduciary	105
Chapter 11 Rights and Duties of Data Principals	116
Chapter 12 Cross-Border Processing and Transfer of Personal Data	131
Chapter 13 Exemptions from the Applicability of the Act	137
Chapter 14 The Data Protection Board of India: Institutional Framework, Powers and Procedure	147
Chapter 15 Appeals, Execution of Orders and Ancillary Information Powers	158
Chapter 16 Enforcement Architecture: Resolution, Penalties,Executive Powers and Legislative Control	167

DIVISION II

Sectoral Challenges

Protection Act, 2023 to Banks 179	179
Chapter 18 Impact and Application of the Digital Personal Data Protection Act, 2023 to Non-Banking Financial Companies (NBFCs)	186
Chapter 19 Impact and Application of the Digital Personal Data Protection Act, 2023 to Airline Companies	193
Chapter 20 Impact and Application of the Digital Personal Data Protection Act, 2023 to Ride-Hailing Aggregators (Ola,Uber and Similar Platforms)	200
Chapter 21 Impact and Application of the Digital Personal Data Protection Act, 2023 to Food Delivery Aggregators(Swiggy, Zomato and Similar Platforms)	206
Chapter 22 Impact and Application of the Digital Personal Data Protection Act, 2023 to Schools and K-12 Educational Institutions	213
Chapter 23 Impact and Application of the Digital Personal Data Protection Act, 2023 to Colleges, Universities and Higher Educational Institutions	219
Chapter 24 Impact and Application of the Digital Personal Data Protection Act, 2023 to Professional and Statutory Institutions (ICAI, ICSI, ICMAI, IIMs and Similar Bodies)	225
Chapter 25 Impact and Application of the Digital Personal Data Protection Act, 2023 to Pathology Laboratories and Diagnostic Service Providers	230
Chapter 26 Impact and Application of the Digital Personal Data Protection Act, 2023 to Hospitals, Clinics and Healthcare Establishments	236
Chapter 27 Impact and Application of the Digital Personal Data Protection Act, 2023 to Indian Railways and Railway Ecosystem Entities	243
Chapter 28 Impact and Application of the Digital Personal Data Protection Act, 2023 to Insurance Companies	249
Chapter 29 Impact and Application of the Digital Personal Data Protection Act, 2023 to Telecom Companies	255
Chapter 30 Unsolicited Commercial Communications and the Digital Personal Data Protection Act, 2023	261
Chapter 31 Impact and Application of the Digital Personal Data Protection Act, 2023 to Malls and Commercial Complexes	267
Chapter 32 Impact and Application of the Digital Personal Data Protection Act, 2023 to Shops and Retail Outlets	272
Chapter 33 Impact and Application of the Digital Personal Data Protection Act, 2023 to Ticketing, Event, and Entertainment Aggregator Platforms (BookMyShow-type Entities)	277
Chapter 34 Impact and Application of the Digital Personal Data Protection Act, 2023 to Real Estate Developers, Brokers and Property Platforms	283
Chapter 35 Impact and Application of the Digital Personal Data Protection Act, 2023 to Chartered Accountants,Company Secretaries, Cost Accountants, and Law Firms	289
Chapter 36 Impact and Application of the Digital Personal Data Protection Act, 2023 to Stock Brokers and Securities Market Intermediaries	295
Chapter 37 Impact and Application of the Digital Personal Data Protection Act, 2023 to Hotels, Lodges, and Inns	300
Chapter 38 Impact and Application of the Digital Personal Data Protection Act, 2023 to Coaching Centres and Training Institutes	305
Chapter 39 Impact and Application of the Digital Personal Data Protection Act, 2023 to Health Applications	310
Chapter 40 Impact and Application of the Digital Personal Data Protection Act, 2023 to Utility Service Entities(Electricity, Water, Gas, and Essential Services)	315
Chapter 41 Impact and Application of the Digital Personal Data Protection Act, 2023 to Resident Welfare Associations and Housing Societies	321
Chapter 42 Impact and Application of the Digital Personal Data Protection Act, 2023 to Share Registrars and Transfer Agents	327
Chapter 43 Impact and Application of the Digital Personal Data Protection Act, 2023 to Shareholder Data and Companies	332
Chapter 44 Impact and Application of the Digital Personal Data Protection Act, 2023 to Employee Data	337
Chapter 45 Impact and Application of the Digital Personal Data Protection Act, 2023 to Cookies and Tracking Technologies	343
Chapter 46 Impact and Application of the Digital Personal Data Protection Act, 2023 to Selfies, Photography, Vlogging,and Incidental Capture of Individuals	350
Chapter 47 Impact and Application of the Digital Personal Data Protection Act, 2023 to Recruitment Agencies and Hiring Intermediaries	356
Chapter 48 Impact and Application of the Digital Personal Data Protection Act, 2023 to Location and Document Image Sharing on Whats App and Similar Messaging Platforms	362
Chapter 49 Impact and Application of the Digital Personal Data Protection Act, 2023 to Matrimonial and Dating Applications	368
Chapter 50 Impact and Application of the Digital Personal Data Protection Act, 2023 to Social Media Platforms(Facebook, Instagram and Similar Platforms)	374
Chapter 51 Impact of the Digital Personal Data Protection Act, 2023 on the Right to Information Regime	381

DIVISION III

Miscellaneous

Chapter 52 Aadhaar Authentication and Offline Verification(Amendment) Regulations, 2025: Aadhaar Verifiable Credentials, Offline Face Verification, and the Reconfigured Compliance Architecture	389
Chapter 53 Summary - Digital Personal Data Protection Rules, 2025	396
Appendix 1 The Digital Personal Data Protection Act, 2023	405
Appendix 2 Digital Personal Data Protection Rules, 2025	439