What is Data Privacy, and why should you create it?
Data protection and privacy have become a cornerstone of individual rights in the digital age, where rapid technological advancements and widespread internet use have heightened the importance of data privacy. Every individual has a fundamental right to safeguard their personal information, a principle now enshrined in legal frameworks across the globe
While India has had a privacy-related law in place—the Information Technology Act of 2000—it no longer adequately addresses the complexities of modern data protection. Though the Act was a pioneering step in regulating electronic transactions and establishing a digital legal framework over two decades ago, it has become less effective in safeguarding personal data in today’s digital environment.
The European Union’s General Data Protection Regulation (GDPR), which establishes comprehensive guidelines on the rights of data subjects, responsibilities of data controllers and processors, and cross-border data transfers, has served as a model for numerous countries developing their data protection regimes. India’s journey toward establishing a robust data protection framework began in 2017, culminating in the introduction of the Personal Data Protection Bill in 2018. When compared to other jurisdictions, India faced considerable delays and challenges in drafting and enacting a comprehensive data protection law. However, the Digital Personal Data Protection Act, 2023 (“DPDP Act”) was passed by Parliament and received Presidential assent on August 11, 2023, and came into force on such date, which will be notified by the central government.
The DPDP Act introduces several improvements and holds significant promise for strengthening India’s data protection framework. The primary objective of the DPDP Act is to safeguard individuals' Personal Data collected by entities and to regulate the collection, processing, and protection of such data. Similar to other global data protection legislations, the Act has extraterritorial applicability, extending its scope to entities processing the Personal Data of individuals located outside India.
The DPDP Act imposes obligations not only on Data Principals to be aware of their rights, but also on Data Fiduciaries to ensure responsible handling, processing, storage, and protection of such data.
Essential Aspects of Data Privacy
TThe DPDP Act provides the following rights to Data Principals to ensure their data privacy and autonomy:
- Informed Consent is Mandatory: Personal data can only be collected or processed with clear, informed, and voluntary consent. The law also requires consent requests to be available in multiple languages to suit India's diverse population.
- Role of Consent Managers: Registered Consent Managers act as a unified interface, helping individuals manage, review, or withdraw their consent easily and transparently.
- Right to Information: Individuals have the right to know what personal data is being used, why it's being processed, and who it’s shared with.
- Right to Correct and Erase Data: Anyone can request corrections to inaccurate data or demand deletion if the data is outdated or collected without proper consent.
Types of Data Privacy
The DPDP Act imposes the following obligations on Data Fiduciary to ensure that the data provided by the Data Principal is secure and used only for the purpose for which such data has been shared by the Data Principal.
Data Security
Data Fiduciaries must implement strong data protection and cybersecurity measures to prevent unauthorized access, data breaches, or misuse of personal data.
Breach Management
Data Fiduciaries should be able to promptly detect and data breach and carry out recovery mechanisms to address such a data breach.
Purpose Limitation
Personal data should only be used for the purposes explicitly consented to by the Data Principal.
Transparency and Accountability
Data Fiduciaries must be transparent about their data practices and accountable for compliance with the DPDP Act.
Data Privacy expertise by the best corporate business lawyer team | TGC Legal
With the introduction of India’s Digital Personal Data Protection (DPDP) Act, businesses are under greater scrutiny to ensure lawful, transparent, and user-consent-driven data practices. Our team of corporate business lawyers helps organisations across sectors build strong data governance frameworks that meet the core legal standards while protecting individual rights. Here’s how TGC Legal applies its legal expertise to key elements of the DPDP Act:
We assist organisations in designing compliant data collection workflows by ensuring all consent obtained is explicit, informed, and specific. Our team also ensures that consent formats are accessible in multiple Indian languages, as required under the DPDP Act, and that the audit trail of consent is maintained legally.
TGC Legal supports clients in integrating with authorised Consent Managers, helping them implement systems where users can easily give, manage, and withdraw consent through secure and interoperable platforms.
We help businesses implement mechanisms for individuals to access clear summaries of the personal data being collected, its purpose, and the third parties it’s shared with—thus upholding the Right to Information under Indian law.
Our legal team advises companies on how to respond to user requests for data correction or erasure. We ensure clients have legally sound processes for identifying unlawful or redundant data and removing it as per the individual’s rights.
Why Choose TGC Legal for Data Privacy?
At TGC Legal, we understand that the Digital Personal Data Protection (DPDP) Act is more than a regulatory formality—it’s a framework that defines how organisations must build accountability and trust in the digital space. Our expertise lies in helping businesses establish legally sound, transparent, and resilient data protection systems.
We guide clients in carefully structuring their data processing agreements—defining their roles as data fiduciaries, processors, or sub-processors—and ensuring these align with Indian and international compliance standards. With our legal support, organisations can confidently manage personal data, avoid legal risks, and strengthen their global standing in data governance.
Get In TouchEssential Aspects of Data Privacy
TThe DPDP Act provides the following rights to Data Principals to ensure their data privacy and autonomy:
- Informed Consent is Mandatory: Personal data can only be collected or processed with clear, informed, and voluntary consent. The law also requires consent requests to be available in multiple languages to suit India's diverse population.
- Role of Consent Managers: Registered Consent Managers act as a unified interface, helping individuals manage, review, or withdraw their consent easily and transparently.
- Right to Information: Individuals have the right to know what personal data is being used, why it's being processed, and who it’s shared with.
- Right to Correct and Erase Data: Anyone can request corrections to inaccurate data or demand deletion if the data is outdated or collected without proper consent.