Enforcement Architecture

The DPDPA establishes a multi-tier enforcement framework led by the Data Protection Board of India, with appeals to TDSAT and the Supreme Court.

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Adjudication Process Flow

  1. 1

    Complaint or Suo Motu Action

    A Data Principal files a complaint with the Data Protection Board, or the Board initiates proceedings on its own motion based on a reference from the Central or State Government.
  2. 2

    Inquiry by the Board

    The Board conducts an inquiry into the alleged non-compliance, following principles of natural justice. It may call for information, examine evidence, and hear both parties.
  3. 3

    Determination and Penalty

    Upon finding non-compliance, the Board determines the appropriate penalty (up to Rs 250 crore depending on the violation) and may issue directions for remedial action.
  4. 4

    Appeal to TDSAT

    An aggrieved party may appeal the Board's order to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) within the prescribed period.
  5. 5

    Further Appeal to Supreme Court

    A further appeal on a question of law arising from the TDSAT order may be filed before the Supreme Court of India.

Disclaimer: The information on this page is for educational purposes only and does not constitute legal advice or solicitation.