Technology becomes instrumental for Indian businesses striving to attain DPDPA compliance and elevate data security

By Rajkumar Manickam –Regional Director - South Asia, Exterro.

This interview brings the key highlight and some in-dept insights from the newly passed data privacy bill of India, the DPDP 2023 and talk about Navigating Challenges and Enhancing Data Security & Transparency with Tech.
 

1. What are the key provisions of India’s DPDPA 2023 and its significance for businesses in India?

Answer: The DPDPA 2023 is transformative for India's data protection landscape, necessitating businesses to adopt robust data privacy practices. Adherence to principles like data discovery, data inventorizing, minimization and transparency not only ensures compliance but also builds enduring trust with customers, contributing to long-term success. India's Digital Personal Data Protection Act (DPDPA) 2023 introduces crucial provisions impacting businesses. The legislation mandates explicit and informed consent, prompting a comprehensive review of data collection practices. Individuals gain enhanced rights, emphasizing data minimization, robust security, and limits on cross-border data transfers. Compliance is vital for businesses to navigate India's evolving data protection landscape and align with global standards set by the Digital Personal Data Protection Act (DPDPA) 2023. Key provisions of the DPDPA 2023 include obtaining explicit and informed consent, data minimization, implementing data security measures, and granting individuals rights like access, correction, erasure, and data portability. Restrictions on cross-border data transfers are also imposed. The significance for businesses is evident in enhanced data privacy, alignment with global standards, risk mitigation, and the cultivation of customer trust and loyalty. Compliance acts as a shield against legal and reputational risks, positioning businesses competitively in the global digital economy. 

2. Challenges Businesses May Encounter in Complying with the DPDPA and How to Address Them?

Answer: Businesses may face various challenges in complying with the DPDPA, encompassing aspects such as automated data discovery, data retention requirements, management of large data volumes, and navigating local regulations. To effectively address these challenges, consider implementing the following strategies. Firstly, leverage Data Discovery Tools to systematically identify and map sensitive personal data across diverse systems, facilitating a comprehensive understanding of data landscapes. Additionally, make use of Privacy-Enhancing Technologies (PETs), including encryption and anonymization, to safeguard sensitive data both at rest and in transit. Collaborate closely with stakeholders, including legal, IT, and business teams, to ensure seamless alignment with the specific requirements outlined in the DPDPA. Seeking external expertise by engaging with data privacy experts can provide valuable insights into interpreting and implementing the bill's provisions accurately. Finally, it is essential to establish a robust grievance redressal mechanism, offering a clear and accessible process for individuals to voice concerns regarding their data privacy and seek appropriate redress. These proactive measures contribute to a comprehensive approach in overcoming the challenges posed by the DPDPA and fostering a culture of robust data protection within businesses. 

3. Strategies for Indian businesses to protect sensitive data and uphold user privacy?

Answer: Safeguarding sensitive data and upholding user privacy necessitate comprehensive strategies, encompassing various key elements. Firstly, organizations should establish clear data governance policies and procedures. This involves formulating transparent guidelines outlining the processes of data collection, storage, usage, and disposal. Additionally, conducting employee training and awareness programs is crucial to ensure that staff members are well-versed in data privacy regulations, best practices, and potential risks, thereby promoting responsible handling of sensitive data. Regular risk assessments are essential in the strategy, allowing organizations to proactively identify, prioritize, and address potential data privacy risks. Furthermore, organizations need to develop robust incident response plans to effectively manage and respond to data breaches, minimizing their impact on sensitive information. Lastly, engaging with data privacy experts becomes imperative to stay abreast of evolving regulations and adhere to best practices in the ever-changing landscape of data protection. Together, these comprehensive strategies form a holistic approach to safeguarding sensitive data and maintaining the highest standards of user privacy.

4. Why businesses in India need a robust system to comply with the new DPDPA?

Answer: The Digital Data Protection Bill fleshes out specific rights of customers to access information about their personal data. In addition, the legislation calls for organisations to have data pertaining to each subject in one place as each individual is entitled to receive a “summary of the personal data that has been processed by the data fiduciary and with whom the personal data has been shared along with all categories.” Without a defensible data inventory, such subject access requests would take an inordinate amount of time to process, which would be in direct violation of the law. This is why businesses in India need a robust system that can handle the intake of the request, verify the individual or entity’s ID accurately, and also collect, review, and redact necessary information. Since the new legislation governs employee data too, businesses require tech stacks that can access employee data, requiring integrations with HR systems to ensure that employee records are correctly retained. When technology harmonises data deletion requests with other legal obligations and compliance mechanisms, the process becomes easier. For instance, the proposed bill gives individuals the right to request deletion of their personal data in possession of an organisation ‘X’. ‘X’ is required to identify the data and delete it and this would take massive amounts of time if done manually. The organisation would have to source information residing across departments, check with legal departments on whether or not other compliance mechanisms require them to retain data and then delete the data. But with the help of technology and an automated system can accurately process such requests in a matter of minutes.

5. How can businesses harness technology to ensure compliance and enhance data security?

Answer: When it comes to keeping up with data privacy regulation, organizations would be wise to adopt a more comprehensive technology solution to drive efficiency and minimize human error. most companies still hold fast to data compliance policies and procedures that depend on personnel for manual implementation and upkeep. Technology plays a pivotal role in simplifying compliance tasks under the DPDPA, empowering businesses to adeptly navigate the intricacies of data privacy regulations. Employing a robust suite of technological solutions allows businesses to streamline compliance processes, fortify data security, and unequivocally demonstrate their dedication to safeguarding user privacy. Technology becomes instrumental for businesses striving to attain DPDPA compliance and elevate data security. Data discovery tools meticulously map sensitive data, enabling a proactive shield for data protection. Privacy-Enhancing Technologies (PETs) act as guardians, employing encryption, anonymization, and pseudonymization to fortify the security of sensitive information. Centralizing data privacy policies and procedures, data governance platforms simplify compliance audits and monitoring. Privacy risk management software aids businesses in discerning and mitigating data privacy risks effectively. Simultaneously, data breach prevention and monitoring systems stand vigilant, shielding against unauthorized access and data exfiltration. Adopting this comprehensive approach to data management and security enables businesses to instil a culture of data privacy. This, in turn, safeguards sensitive personal information, nurturing trust with both customers and stakeholders. Embracing these technological solutions equips businesses to adeptly meet the requirements of the DPDPA, reinforce their data governance practices, and fortify their overall data privacy stance, thereby safeguarding sensitive personal information and fostering unwavering user trust.

6. How can technology support Indian businesses in managing consent effectively, aligning with the requirements of the DPDPA 2023?

Answer: The DPDPA 2023 mandates explicit, informed, and freely given consent for personal data processing by Indian businesses. Technology is pivotal in meeting these requirements efficiently and enhancing compliance efforts. Streamlining the consent collection process, technology ensures an efficient and user-friendly experience. Advanced solutions offer granular consent options, giving users precise control over their data usage. Real-time consent tracking and reporting provide valuable insights for continuous compliance. Consent management solutions facilitate seamless integration with existing systems, ensuring comprehensive data governance. Automation within these solutions enables continuous risk monitoring, swiftly addressing compliance gaps. In industries like e-commerce, fintech, healthcare, social media, and recruitment, robust consent management proves essential. E-commerce ensures explicit consent for order processing and marketing. Fintech communicates data usage clearly, obtaining explicit consent for account opening or loan applications. Healthcare secures informed consent for treatment or research. Social media leverages granular consent for targeted advertising. Recruitment agencies obtain explicit consent for job applications or background checks. Beyond compliance, these solutions build trust, showcasing a commitment to ethical data practices. Exterro Consent offers universal consent features, designed for the post-cookie world, prioritizing integration, flexibility, and positive consumer experiences.

7. How does the Indian DPDPA's requirement to provide privacy notices in 22 different languages pose a unique challenge, and how does technology address this complexity?

Answer: In the face of the DPDPA, organizations are turning to privacy solutions as an essential tool for compliance and ethical data processing. Data mapping and risk assessment tools provide a clear understanding of an organization's data landscape and potential privacy risks. Automated Privacy Impact Assessments streamline the evaluation process, ensuring that data processing activities align with regulatory requirements. Privacy-Enhancing Technologies and tools offer powerful safeguards for sensitive personal information, fostering user trust and positioning organizations as leaders in ethical data stewardship. Exterro is a key ally for businesses navigating the Digital Personal Data Protection Act 2023 (DPDPA). With a comprehensive suite of solutions, including Universal Consent Management, Automated Data Discovery and Smart Data Inventory, Exterro ensures compliance, navigates the evolving privacy landscape, and fosters a culture of data governance. Businesses leverage Exterro's tools and professional services to effectively meet DPDPA requirements, enhance data governance, and protect sensitive information, fostering user trust in an increasingly data-driven world. Exterro's Privacy Intelligence solution offers insights and tools tailored to DPDPA requirements, promoting transparency and control over data usage. Exterro Consent brings universal (including cookie) consent features, technology and architecture to consent and preference management. Its capabilities are designed for the new world where consent and preferences are no longer a gate in front of the website but are embedded in the customer experience across all channels and journeys. Exterro Consent is the only product designed for the post-cookie world, where ease of integration, flexibility, and positive consumer experiences are the primary requirements. 

8. Why Organizations Need Privacy Solutions to Comply with DPDPA 2023 and How does Exterro support businesses in complying with the DPDPA and what specific features and solutions does Exterro offer in this context?

Answer:  In the face of the DPDPA, organizations are turning to privacy solutions as an essential tool for compliance and ethical data processing. Data mapping and risk assessment tools provide a clear understanding of an organization's data landscape and potential privacy risks. Automated Privacy Impact Assessments streamline the evaluation process, ensuring that data processing activities align with regulatory requirements. Privacy-Enhancing Technologies and tools offer powerful safeguards for sensitive personal information, fostering user trust and positioning organizations as leaders in ethical data stewardship. Exterro is a key ally for businesses navigating the Digital Personal Data Protection Act 2023 (DPDPA). With a comprehensive suite of solutions, including Universal Consent Management, Automated Data Discovery and Smart Data Inventory, Exterro ensures compliance, navigates the evolving privacy landscape, and fosters a culture of data governance. Businesses leverage Exterro's tools and professional services to effectively meet DPDPA requirements, enhance data governance, and protect sensitive information, fostering user trust in an increasingly data-driven world. Exterro's Privacy Intelligence solution offers insights and tools tailored to DPDPA requirements, promoting transparency and control over data usage. Exterro Consent brings universal (including cookie) consent features, technology and architecture to consent and preference management. Its capabilities are designed for the new world where consent and preferences are no longer a gate in front of the website but are embedded in the customer experience across all channels and journeys. Exterro Consent is the only product designed for the post-cookie world, where ease of integration, flexibility, and positive consumer experiences are the primary requirements.