Data Privacy & Protection Law Firm in India

One of the most significant and dynamic innovation of recent times has been the ability to produce, consume, store and transfer data. With the changing times and rapidly increasing dependence of businesses on electronic transfer of personal data, management of such data to ensure their secure processing has become of utmost importance.

Data protection refers to the appropriate management of data collected from Data Principal i.e individuals in accordance with the legal requirement of specific purpose pertaining to the corresponding jurisdiction, such as obtaining consent for a specific purpose, notice and compliance with regulatory obligations.

Data Privacy ensures the protection of individuals’ personal information from unauthorized access and misuse. As a leading data privacy & protection law firm in India, AMLEGALS specializes in a multifaceted approach in data privacy for businesses in India. We provide expert legal solutions to help businesses safeguard sensitive data and maintain privacy standards.

It is about applying best practices under the realm of the Data Privacy regulation of India for Data Lineage, Data Provenance and Data Management to ensure data of Data Principal is protected and its privacy is maintained till it is deleted.

Data protection and data privacy laws in India are at a nascent stage. It has been enactment i.e the Digital Personal Data Protection Act,2023 (“DPDPA”) only on 11th August,2023.It is yet to be notified for its stage wise implementation in India. It will take time to evolve with many upcoming developments to take shape in personal data and its usage, storage and transfer. Additionally, other Indian legislations further influence the legal conundrum surrounding data protection and Data Privacy law of India.

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.

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

Data Classification & Mapping

• • Identify personal and sensitive data categories.
  • Document each data flow, including collection, storage, and sharing points.

Policy & Framework Development

• • • Draft comprehensive privacy policies addressing retention, access controls, and incident response.
    • Incorporate references to DPDPA, IT Act, OECD guidelines, and, where relevant, the GDPR.

Consent & Notice Management

• • • • Implement dynamic consent forms that specify the purpose and duration of data usage.
      • Develop user-friendly privacy notices for clarity and transparency.

Breach Response & Notification

• • • • • Establish an internal response team with defined roles.
        • Keep notification templates ready for authorities, data subjects, and other stakeholders.

Periodic Audits & Impact Assessments

• • 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

• Clear Roles and Responsibilities: DPAs should unequivocally define the obligations of each party data fiduciary and data processor concerning data handling, confidentiality, security measures, and liability.
• Key Contractual Provisions:
  1. Scope of Processing: Specify the categories of personal data, processing purposes, and duration of data retention.
  2. Security Requirements: Outline technical and organizational safeguards that the vendor must implement (e.g., encryption, access controls, periodic vulnerability assessments).
  3. Compliance with Laws: Mandate adherence to applicable Indian laws, notably the DPDPA and DPDP Rules, and relevant international standards wherever applicable.
  4. Sub-processor Approval: Ensure that the data fiduciary reviews and consents to any sub-processors the vendor may employ.
  5. Audit Rights: Include provisions allowing the data fiduciary to conduct compliance audits or inspections of the vendor’s data processing environment.
  6. Breach Notification: Stipulate timelines and protocols for notifying the data fiduciary (and relevant authorities/individuals) in the event of a breach.
  7. 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

The moot questions which mandatorily have to be considered while dealing with and gearing up for entering into the digital data protection legal framework are as below;

1.Do you have Data Privacy checklist for your Organisation?

𝟐.𝐃𝐨 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 𝐒𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐏𝐮𝐫𝐩𝐨𝐬𝐞 𝐢𝐝𝐞𝐧𝐭𝐢𝐟𝐢𝐞𝐝 𝐚𝐧𝐝 𝐜𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐞𝐝?

3.Do you have your Data Processing including Data Flow identified?

𝟒.𝐃𝐨 𝐲𝐨𝐮 𝐡𝐚𝐯𝐞 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐜𝐞𝐬𝐬𝐢𝐧𝐠 𝐑𝐞𝐜𝐨𝐫𝐝𝐬 𝐚𝐧𝐝 𝐦𝐚𝐧𝐧𝐞𝐫 𝐰𝐞𝐥𝐥 𝐝𝐞𝐟𝐢𝐧𝐞𝐝?

5.Do you have your IT Department Data Compliant?

6.Do you have Data Minimisation in Place?

7.Do you have Data Storage factored?

8.Do you have Data Protection Clauses intact in Contracts?

9.Do you have Digital Policy formulated for your Organisation?

10.Do you have Data Protection aligned with vendors?

11.Do you have Data Protection aligned with buyers?

12.Do you have Data protection assessed and channelised for the manpower in your Organisation?

13. Do you have Data Processing Consent Notice in place?

In fact, the challenges and issues are unlimited and same is the case with the strategic solution which has to be devised as per the working of a business entity.

Cross border transfer of sensitive personal information, cloud-based data storage, regulation of data based on national and international laws, compliance with the EU General Data Protection Regulation (GDPR), US(CCPA), UAE(PDPL), KSA(PDPL), etc. have further contributed to the complexity associated with data privacy. Hence, a comprehensive and articulate understanding of the laws affecting data privacy and data protection within India and internationally is crucial for companies engaged in the business of transfer of personal data.

Our Data Protection Law Firm in India delivers strategic counselling on issues pertaining to data privacy and data protection based on extensive legal research and in-depth understanding of the practical attributes associated with data management and security.

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:

1. Regulatory compliance with Indian and international laws for the processing of data,
2. Legal requirement for consent, processing, documentation, storage, transfer of personal data,
3. Handheld advisory on DPDPA, PDPL , GDPR, EU Data Protection compliance,
4. Advising Data Fiduciaries/Significant Data Fiduciaries and Data Protection Officers(DPO)
5. Organisational Data Protection Policies and Strategies,
6. Data Protection Strategy for business organisation,
7. Review of Data Protection Impact Assessment(DPIA),
8. Drafting and Review of Data Protection Agreements for various jurisdictions,
9. Advising on third party data transfer and processing,
10. Interplay with Cyber security issues and compliance,
11. Penalties and offences pertaining to data privacy and protection,
12. Drafting of agreements in conformity with national and international data protection laws,
13. Hand held advisory for taking strategic decision for safeguarding the business interest,
14. Manpower training on best practices under Data Protection regime, etc.

Data Protection & Privacy law practice of the law firm is led by Mr. Anandaday Misshra, Founder & Managing Partner, AMLEGALS. He is an highly acclaimed international data privacy lawyer.

Our Data Privacy & Protection legal services are meant for data privacy regimes in & laws of India(DPDPA), EU(GDPR), US(CCPA), Singapore(PDPA), UAE(PDPL), Saudi Arabia( PDPL), etc.

To know more about Data Protection & Data Privacy Law and our practice in India, feel free to connect with dataprivacy@amlegals.com or mridusha.guha@amlegals.com.

• Call Us: +91-84485 48549

You may be interested to understand Data Protection Officer Services in India.