Data Privacy & Protection Law Firm in India
One of the most significant innovations of recent times has been the ability to produce, consume, store, and transfer data. With the rapid digital transformation and the increasing reliance of businesses on the electronic transfer of personal data, the secure management of such data has become a critical priority. Data protection refers to the appropriate handling of data collected from individuals (Data Principals) in compliance with legal requirements, such as obtaining consent for specific purposes, providing notice, and adhering to regulatory obligations. On the other hand, data privacy ensures the protection of individuals’ personal information from unauthorized access, misuse, or exploitation.
As a trusted Data Privacy Law Firm in India, AMLEGALS specializes in providing businesses with expert legal solutions to safeguard sensitive data and maintain compliance with privacy standards.
At AMLEGALS, we adopt a multifaceted approach to data privacy and protection for businesses in India. Our services are designed to align with the best practices under the Digital Personal Data Protection Act, 2023 (DPDPA), which was enacted on August 11, 2023. This landmark legislation marks a significant step in India’s data protection framework, focusing on the secure processing, storage, and transfer of personal data. However, the DPDPA is still in its nascent stages, with its implementation expected to evolve over time. AMLEGALS assists businesses in navigating this dynamic regulatory landscape by offering tailored solutions for data lineage, data provenance, and data management, ensuring that the data of Data Principals is protected and their privacy is maintained until the data is deleted.
Our Leadership -Mr. Anandaday Misshra: A Globally Renowned Data Privacy Lawyer in India
Mr. Anandaday Misshra, the Founder and Managing Partner of AMLEGALS, is a globally recognized and leading Data Privacy Lawyer in India. With over 27 years of legal practice, he has established himself as a pioneer in navigating complex legal frameworks, including the Digital Personal Data Protection Act, 2023 (DPDPA), GDPR, and other global data privacy laws and EU AI Act.His expertise extends to advising multinational corporations on compliance, data governance, and cross-border data transfers, making him a trusted name in the field of data protection. Mr. Misshra’s contributions to the legal domain include authoring white papers, hosting podcasts, and providing thought leadership on emerging issues in data privacy and artificial intelligence. His exceptional expertise in Data Privacy has led him to contribute academically also as an expert faculty for Executive Development Programme(EDP) in data Privacy & AI Law in Dhirubhai Ambani University – School of Law.
Under his leadership, AMLEGALS has emerged as one of the top Data Privacy Law Firms in India, offering specialized legal services in Ahmedabad, Bengaluru, Chennai, Delhi, Kolkata , Mumbai, Pune and Hyderabad.
The firm is known for its comprehensive approach to data protection, assisting businesses in drafting privacy policies, managing data breaches, and ensuring compliance with both domestic and international regulations. AMLEGALS has been instrumental in helping organizations mitigate risks and align their operations with the evolving legal landscape, particularly under the DPDPA, 2023. Our team delivers end-to-end data privacy and protection services across key regimes: India (DPDP Act), EU (GDPR), US (CCPA), Singapore (PDPA), UAE (PDPL), and Saudi Arabia (PDPL), among others.
The Road Ahead for Data Protection in India
Upcoming Regulations and Guidelines
- Detailed Rules under DPDPA: Expect granular DPDP Rules on data fiduciaries’ obligations, cross-border transfers, and penalties.
- Sector-Specific Directions: RBI, TRAI, and healthcare regulators may tighten norms around data usage, breach reporting, and localization.
Data Privacy & Protection Law Firm in India
Upcoming Regulations and Guidelines
- Detailed Rules under DPDPA: Expect granular DPDP Rules on data fiduciaries’ obligations, cross-border transfers, and penalties.
- Sector-Specific Directions: RBI, TRAI, and healthcare regulators may tighten norms around data usage, breach reporting, and localization.
Emerging Technologies
- Blockchain and IoT: As blockchain-based and IoT solutions proliferate, organizations will need to address novel data privacy challenges around decentralized storage and real-time data collection.
- Artificial Intelligence: Future guidelines may impose additional obligations for AI-based profiling or automated decision-making processes, emphasizing transparency and fairness.
Checklists and Frameworks for Strong Compliance
- Identify personal and sensitive data categories.
- Document each data flow, including collection, storage, and sharing points.
- Draft comprehensive privacy policies addressing retention, access controls, and incident response.
- Incorporate references to DPDPA, IT Act, OECD guidelines, and, where relevant, the GDPR.
- Implement dynamic consent forms that specify the purpose and duration of data usage.
- Develop user-friendly privacy notices for clarity and transparency.
- Establish an internal response team with defined roles.
- Keep notification templates ready for authorities, data subjects, and other stakeholders.
- Engage independent auditors or qualified internal teams for regular compliance checks.
- Carry out Data Protection Impact Assessments (DPIAs) for new or high-risk projects.
Data Processing Agreements (DPAs) & Vendor Related Contractual Safeguards
Key Contractual Provisions:
- Scope of Processing: Specify the categories of personal data, processing purposes, and duration of data retention.
- Security Requirements: Outline technical and organizational safeguards that the vendor must implement (e.g., encryption, access controls, periodic vulnerability assessments).
- Compliance with Laws: Mandate adherence to applicable Indian laws, notably the DPDPA and DPDP Rules, and relevant international standards wherever applicable.
- Sub-processor Approval: Ensure that the data fiduciary reviews and consents to any sub-processors the vendor may employ.
- Audit Rights: Include provisions allowing the data fiduciary to conduct compliance audits or inspections of the vendor’s data processing environment.
- Breach Notification: Stipulate timelines and protocols for notifying the data fiduciary (and relevant authorities/individuals) in the event of a breach.
- Termination and Data Return/Deletion: Clarify procedures for secure data destruction or return upon contract conclusion.
Vendor Oversight & Monitoring:
- Regular Assessments: Schedule reviews of vendor compliance, especially if the data processed is sensitive or critical.
- Periodic Renewals: Update DPAs in line with evolving regulations, industry standards, and organizational changes.
Significant Questions for Data Privacy & Protection in India
- Do you have Data Privacy checklist for your Organisation?
- 𝐃𝐨 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 𝐒𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐏𝐮𝐫𝐩𝐨𝐬𝐞 𝐢𝐝𝐞𝐧𝐭𝐢𝐟𝐢𝐞𝐝 𝐚𝐧𝐝 𝐜𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐞𝐝?
- Do you have your Data Processing including Data Flow identified?
- 𝐃𝐨 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐜𝐞𝐬𝐬𝐢𝐧𝐠 𝐑𝐞𝐜𝐨𝐫𝐝𝐬 𝐚𝐧𝐝 𝐦𝐚𝐧𝐧𝐞𝐫 𝐰𝐞𝐥𝐥 𝐝𝐞𝐟𝐢𝐧𝐞𝐝?
- Do you have your IT Department Data Compliant?
- Do you have Data Minimisation in Place?
- Do you have Data Storage factored?
- Do you have Data Protection Clauses intact in Contracts?
- Do you have Digital Policy formulated for your Organisation?
- Do you have Data Protection aligned with vendors?
- Do you have Data Protection aligned with buyers?
- Do you have Data protection assessed and channelised for the manpower in your Organisation?
- Do you have Data Processing Consent Notice in place?
Our Services on Data Protection & Data Privacy Law
We have been rendering legal opinions, guidance and advising companies worldwide on various jurisdictional Data Protections & Data Privacy laws as below:
- Regulatory compliance with Indian and international laws for the processing of data.
- Legal requirement for consent, processing, documentation, storage, transfer of personal data.
- Handheld advisory on DPDPA, PDPL , GDPR, EU Data Protection compliance.
- Advising Data Fiduciaries/Significant Data Fiduciaries and Data Protection Officers(DPO)
- Organisational Data Protection Policies and Strategies.
- Data Protection Strategy for business organisation.
- Review of Data Protection Impact Assessment(DPIA).
- Drafting and Review of Data Protection Agreements for various jurisdictions.
- Advising on third party data transfer and processing.
- Interplay with Cyber security issues and compliance.
- Penalties and offences pertaining to data privacy and protection.
- Drafting of agreements in conformity with national and international data protection laws.
- Hand held advisory for taking strategic decision for safeguarding the business interest.
- Manpower training on best practices under Data Protection regime, etc.
Contact Info
Key Contacts
Anandaday Misshra
Founder & Managing Partner
D +918448548549
Rohit Lalwani
Associate Partner
D +918448548549
