DPDPA COMPLIANCE – TOP FIFTY ACTION ITEMS

Here are action items for each point to ensure compliance with the Data Protection Bill, 2023 (DPDP Act):
1. Determine if the DPDPA applies to your business operations

  • Action Items:
    • Review the DPDP Act’s applicability criteria to your business operations.
    • Conduct an internal audit to identify the types of data collected and processed.
    • Consult legal experts to understand the implications of the DPDP Act on your business.

    2. Assess and classify personal data as “personal” or “sensitive”
    Action Items:

  • Create a data classification framework based on DPDP Act definitions.
  • Identify and label data sets within your systems as personal or sensitive.
  • Ensure consistent application of the classification across all departments.
  • 3. Identify the legal basis for processing each category of data

    Action Items:

  • Review data processing activities and align them with permissible legal grounds.
  • Document the legal basis for each data processing activity.
  • Train employees on the appropriate legal bases for data processing under the DPDP Act.
  • 4. Create a comprehensive data inventory and establish a data protection compliance team
    • Action Items:

  • Develop a detailed data inventory, listing all data processing activities and data types.
  • Form a cross-functional data protection compliance team.
  • Assign roles and responsibilities for data protection tasks within the team.
  • 5. Execute valid contracts with data processors and obtain clear consent for data processing
    • Action Items:

  • Review existing contracts with data processors for DPDP Act compliance.
  • Draft new contracts or update existing ones to include necessary data protection clauses.
  • Implement processes for obtaining and recording explicit consent from data subjects.
  • 6. Establish effective grievance redressal mechanisms and ensure accuracy, completeness, and consistency of personal data
    • Action Items:

  • Set up a grievance redressal system, including timelines for responses.
  • Implement data quality controls to maintain the accuracy and completeness of data.
  • Regularly audit data sets to ensure consistency.
  • 7. Appoint a Data Protection Officer with the necessary resources and authority
    • Action Items:

  • Define the DPO role and required qualifications.
  • Allocate resources and authority to the DPO to enforce compliance.
  • Communicate the appointment and role of the DPO to all employees.
  • 8. Define clear roles and responsibilities for data protection
    •Action Items:

  • Develop a responsibility matrix for data protection activities.
  • Train staff on their specific roles in data protection.
  • Include data protection responsibilities in job descriptions.
  • 9. Implement security protocols to safeguard data and prevent unauthorized access and breaches
    •Action Items:

  • Deploy encryption, access control mechanisms, and firewalls.
  • Schedule regular security audits and vulnerability assessments.
  • Implement multi-factor authentication and other access controls.
  • 10. Document comprehensive security processes, procedures, and policies
    •Action Items:

  • Create detailed documentation of security processes and policies.
  • Regularly update these documents to reflect changes in regulations or technology.
  • Ensure all employees have access to and understand these policies.

  • 11. Address data subject rights and disclose data sharing to third parties

    • Action Items:

  • Develop clear policies on data subject rights (e.g., access, correction, deletion).
  • Create templates for disclosures and consents regarding third-party data sharing.
  • Maintain records of data sharing activities and disclosures.
  • 12. Allow individuals to opt-in/opt-out of data collection and sharing
    • Action Items:

  • Implement opt-in/opt-out mechanisms on data collection forms.
  • Provide clear instructions for users to change their consent preferences.
  • Record and track consent changes.
  • 13. Implement a robust consent mechanism for data collection and processing
    •Action Items:

  • Develop a consent management platform or tool.
  • Ensure consent requests are specific, granular, and easy to understand.
  • Log and manage consents across all processing activities.
  • 14. Ensure clear and transparent consent practices across the organization
    • Action Items:

  • Create standardized consent forms and language.
  • Train staff on obtaining and recording consent transparently.
  • Review consent practices periodically for compliance.
  • 15. Ensure that you have obtained consent to process the personal data of minors
    • Action Items:

  • Implement mechanisms to verify the age of data subjects.
  • Create consent forms specifically designed for minors or their guardians.
  • Establish heightened security measures for minors’ data.
  • 16. Use clear, age-appropriate language in privacy notices for minors
    •Action Items:

  • Draft privacy notices in simple language tailored to minors.
  • Test privacy notices with target age groups for clarity.
  • Provide these notices in accessible formats.
  • 17. Implement heightened security measures to protect minors’ sensitive data
    • Action Items:

  • Deploy additional encryption and access controls for minors’ data.
  • Monitor systems for any unauthorized access attempts.
  • Perform regular audits focused on minors’ data security.
  • 18. Prepare for Data Breaches: Develop a response plan, notify affected individuals, and implement procedures for investigating and remediating breaches
    • Action Items:

  • Develop an incident response plan outlining steps to take during a breach.
  • Set up notification procedures for informing affected individuals.
  • Establish a post-breach review process to identify root causes and preventive measures.
  • 19. Stay Informed & Update Policies: Regularly monitor DPDP Act developments, update privacy policy and relevant documents
    • Action Items:

  • Subscribe to legal updates or hire consultants for DPDP Act changes.
  • Schedule regular reviews and updates of privacy policies.
  • Communicate any policy changes to all employees and stakeholders.
  • 20. Establish privacy governance: Implement governance processes and activities that support accountability, authority, risk management, and assurance
    • Action Items:

  • Create a governance framework that includes risk management and compliance.
  • Assign accountability for privacy governance to senior leadership.
  • Regularly review and improve governance processes.
  • 21. Collect only necessary data and delete data that is no longer necessary
    • Action Items:

  • Implement data minimization techniques in data collection processes.
  • Establish data retention policies aligned with legal requirements.
  • Perform regular data purges for unnecessary or outdated data.
  • 22. Retain data only as long as necessary and in accordance with the Act
    • Action Items:

  • Define retention periods for different data types.
  • Automate data deletion processes where possible.
  • Document the rationale for data retention decisions.
  • 23. Ensure compliance with regulations for transferring personal data outside India
    • Action Items:

  • Review and update cross-border data transfer agreements.
  • Implement safeguards for international data transfers.
  • Obtain necessary approvals or certifications for data transfers.
  • 24. Conduct DPIAs for new projects involving personal data
    • Action Items:

  • Integrate DPIA processes into project planning stages.
  • Develop templates and guidelines for conducting DPIAs.
  • Review DPIA results with stakeholders before project launch.
  • 25. Perform DPIAs for significant changes to existing programs or activities
    • Action Items:

  • Identify triggers for when DPIAs are required for existing programs.
  • Schedule DPIA reviews for any significant program changes.
  • Document and address risks identified in the DPIA.
  • 26. Conduct DPIAs for high-risk data processing activities
    • Action Items:

  • Establish criteria for identifying high-risk processing activities.
  • Regularly review and update the list of high-risk activities.
  • Conduct and document DPIAs for these activities.
  • 27. Develop a procedure for managing requests from data subjects, including access, correction, and deletion
    • Action Items:

  • Create a standardized process for handling DSARs.
  • Train staff on managing and responding to DSARs.
  • Implement tools to track and fulfill DSAR requests within statutory timelines.
  • 28. Ensure processes are in place to handle DSAR (Data Subject Access Request) requests in the stipulated timeframes
    • Action Items:

  • Implement a DSAR tracking and management system.
  • Set up automated reminders to meet DSAR deadlines.
  • Regularly review DSAR processing times for compliance.
  • 29. Make sure customers are aware of their rights regarding their personal information through privacy notices
    • Action Items:

  • Update privacy notices to clearly outline data subject rights.
  • Display privacy notices prominently on all customer interfaces.
  • Include contact details for further inquiries on data rights.
  • 30. Establish internal procedures to handle Individual Rights Requests, including timelines and appeals processes
    • Action Items:

  • Define timelines and escalation processes for rights requests.
  • Develop templates for response communications.
  • Train staff on handling and escalating individual rights requests.
  • 31. Obtain and maintain consent according to applicable regulations
    • Action Items:

  • Implement consent tracking mechanisms to maintain records.
  • Regularly review consent forms for compliance with regulations.
  • Update consent processes as regulations evolve.
  • 32. Record and track DSAR records
    • Action Items:

  • Create a centralized DSAR log for tracking and auditing purposes.
  • Implement secure storage for DSAR records.
  • Regularly review DSAR logs for compliance and improvements.
  • 33. Update and make privacy notices easily understandable
    • Action Items:

  • Simplify the language used in privacy notices to ensure clarity.
  • Test privacy notices with end users to ensure comprehension.
  • Regularly update privacy notices to reflect changes in data processing activities.
  • 34. Provide notices in languages used for business and accommodate disabilities
    • Action Items:

  • Translate privacy notices into all languages used by your customer base.
  • Make privacy notices available in accessible formats, such as large print or audio.
  • Ensure compliance with accessibility standards in all digital and physical notices.
  • 35. Ensure compliance with data privacy laws
    • Action Items:

  • Regularly review and update your compliance program to align with new laws.
  • Engage legal counsel to conduct periodic compliance assessments.
  • Implement a continuous monitoring process to stay ahead of regulatory changes.
  • 36. Conduct regular audits and compliance assessments
    • Action Items:

  • Schedule periodic audits of data protection practices.
  • Use third-party auditors to gain an unbiased assessment of your compliance status.
  • Document audit findings and follow up with corrective actions.
  • 37. Adjust compliance program based on audit findings
    • Action Items:

  • Review audit results with the compliance team and management.
  • Develop action plans to address any identified gaps or risks.
  • Update policies and procedures based on audit recommendations.
  • 38. Review and adapt compliance program based on changes in regulations and emerging threats
    • Action Items:

  • Set up alerts and subscriptions to stay informed about regulatory changes.
  • Conduct risk assessments to identify emerging threats to data protection.
  • Update the compliance program to address new regulatory requirements and threats.
  • 39. Establish a system for ongoing monitoring of data protection compliance
    • Action Items:

  • Implement tools and technologies for continuous monitoring of data protection activities.
  • Assign a team to regularly review monitoring results and address issues promptly.
  • Document ongoing monitoring activities and results for accountability.
  • 40. Create and manage detailed documentation of all data processing activities, including risk assessments and measures taken to ensure compliance with DPDPA regulations
    • Action Items:

  • Develop templates for documenting data processing activities.
  • Ensure all departments maintain detailed records of their data processing activities.
  • Review and update documentation regularly to reflect any changes.
  • 41. Ensure to compile and file the necessary reports to the Data Protection Board of India
    • Action Items:

  • Identify all reporting requirements under the DPDP Act.
  • Set up a calendar for filing necessary reports with the Data Protection Board.
  • Assign responsibility to a specific team or individual for report preparation and submission.
  • 42. Notify the Data Protection Board of India about breaches
    • Action Items:

  • Develop a breach notification protocol in line with DPDP Act requirements.
  • Train employees on the importance of timely breach reporting.
  • Maintain a log of all breaches and notifications sent to the Data Protection Board.
  • 43. Provide regular refresher training to employees and keep them updated on changes to data protection laws and regulations
    • Action Items:

  • Develop a training calendar for regular data protection training sessions.
  • Update training materials to reflect changes in laws and regulations.
  • Monitor and track employee participation in training sessions.
  • 44. Implement Data Minimization Practices
    • Action Items:

  • Review data collection processes to ensure only necessary data is collected.
  • Regularly audit data sets to remove unnecessary or redundant information.
  • Implement policies that restrict excessive data collection and storage.
  • 45. Establish a Data Retention and Deletion Policy
    • Action Items:

  • Develop clear guidelines for data retention periods based on legal and business requirements.
  • Implement automated tools to track and manage data retention schedules.
  • Ensure the secure deletion of data that is no longer required, including backups.
  • 46. Conduct Vendor Risk Assessments
    • Action Items:

  • Assess the data protection practices of third-party vendors who process personal data.
  • Require vendors to complete data protection questionnaires or assessments.
  • Establish contractual obligations for vendors to comply with the DPDPA.
  • 47. Implement Data Anonymization and Pseudonymization Techniques
    • Action Items:

  • Use anonymization techniques to remove personal identifiers from data sets where possible.
  • Implement pseudonymization for sensitive data to protect identities while maintaining data utility.
  • Regularly review and update anonymization practices to stay aligned with best practices.
  • 48. Develop an Incident Response Plan for Data Breaches
    • Action Items:

  • Create a detailed incident response plan outlining steps for detecting, reporting, and responding to data breaches.
  • Train employees on the procedures to follow in the event of a data breach.
  • Conduct regular simulations and drills to test the effectiveness of the incident response plan.
  • 49. Establish Cross-Border Data Transfer Mechanisms
    • Action Items:

  • Identify all data transfers to jurisdictions outside of India.
  • Ensure that appropriate safeguards, such as Standard Contractual Clauses (SCCs), are in place for cross-border data transfers.
  • Maintain documentation of all cross-border data transfer agreements and legal bases.
  • 50. Engage in Continuous Risk Management
    • Action Items:

  • Continuously monitor and assess risks to personal data processing activities.
  • Implement a risk management framework that includes regular risk assessments and mitigation strategies.
  • Document risk management activities and regularly review the effectiveness of risk controls.
  • These additional points further enhance your organisation’s approach to ensuring compliance with the Data Protection Bill, 2023 (DPDP Act), covering data minimisation, vendor management, breach response, and more.