India’s first comprehensive privacy law has been finally notified to be effective. This brings finality to the Hon’ble Supreme Court’s decision in Justice K S Puttaswamy’s case affirming the right to privacy as a fundamental right in 2017. The implementation of the law is proposed in three phases. Phase 1 comes into effect immediately and only deals with constitution and establishment of the Data Protection Board. Phase 2 will come into effect in 12 months, which is largely the consent manager framework and ecosystem. Phase 3 will come into effect in 18 months, which stipulates all compliances including in relation to obtaining of consent, notice, security safeguards, rights of data principals, obligation of data fiduciaries including significant data fiduciaries, and applicability of penalties.
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Authored by: Raj Ramachandran, Partner
Publication: Lexology
Raj specializes in Corporate Commercial, Banking & Finance and Cross Border Investments & Acquisitions.