Webinar Summary: FPF and NASSCOM Discuss Compliance with Consent Regulations under the DPDPA in India
The Financial Privacy Alliance (FPF) and Nasscom co-hosted a two-part webinar series in November 2023 and January 2024, aiming to spark active discussions on the consent-centric regime under India's Digital Personal Data Protection Act (DPDPA) 2023. The series, consisting of four panels, brought together experts from industry, governments, civil society, and the global data privacy community to delve into the centrality of consent, compliance challenges, technology and implementation, risk management and enforcement, and gaps and forthcoming guidance under the new law.
The DPDPA 2023 places consent at the heart of lawful data processing, requiring organizations to obtain clear, informed, and freely given consent from individuals before collecting or processing their personal data. The Act emphasises the importance of transparent notice about the purpose of data collection and the consequences of consent or its withdrawal, with individuals having the right to withdraw consent easily.
One of the key topics discussed was the novel concept of consent managers, which provide users with a technological means to seamlessly give and withdraw consent. The value of such platforms lies in ensuring transparency, ease of management, and compliance with the DPDPA's requirements.
Compliance challenges for organizations were also a significant focus. Organizations must maintain auditable records of consent, raising questions about the design of consent interfaces and digital documentation systems. Data minimization and purpose limitation principles were also highlighted, with data collectors required to adhere to collecting only necessary data and using it only for the stated purpose. Stricter consent and verification requirements for processing personal data of children, likely necessitating parental consent mechanisms and age verification tools, were also discussed.
The webinar series highlighted alternatives to consent under different data protection laws, such as legitimate uses and exemptions under the DPDP Act. The forthcoming subordinate legislation under the DPDPA is expected to provide further detail on how these provisions will be implemented.
Technology and implementation were also key topics, with the need for robust technological solutions to manage consent lifecycles and ensure transparency emphasised. Interoperability and third-party data sharing were also discussed, with clarification on how consent applies when data is shared between entities or processed by third-party vendors.
The panelists also addressed risk management and enforcement, with emphasis on the significant penalties for failing to adhere to consent and data protection requirements. This prompted organisations to review and strengthen their data governance frameworks.
The webinar series also highlighted areas where further regulatory clarification is needed, such as the intersection of consent with other lawful bases for processing, cross-border data transfers, and the practicalities of obtaining and verifying consent at scale.
Without direct access to the webinar content, these points are informed by the structure of the DPDPA 2023 and common themes in global and Indian data protection discourse. For authoritative insights from the actual FPF x nasscom webinar, please provide a transcript, summary, or direct quotes, as the available search results do not contain this information.
- The Digital Personal Data Protection Act (DPDPA) 2023 in India emphasizes the necessity of obtaining clear, informed, and freely given consent from individuals before processing their personal data, prioritizing education on data privacy.
- Consent managers, a novel concept, offer a technological solution for seamlessly obtaining and withdrawing consent, thereby promoting compliance under the DPDPA 2023.
- Compliance challenges for organizations under the DPDPA 2023 include maintaining auditable records of consent, which calls for innovative design of consent interfaces and digital documentation systems.
- Stricter consent and verification requirements have been proposed for processing personal data of children, potentially necessitating the development of parental consent mechanisms and age verification tools in the youth industry.
- Alternatives to consent, such as legitimate uses and exemptions under the DPDP Act, were highlighted, with anticipation for further clarification through the forthcoming subordinate legislation.
- Robust technological solutions are crucial for managing consent lifecycles and ensuring transparency under the DPDPA 2023, with a particular focus on interoperability and third-party data sharing.
- Risk management and enforcement of the DPDPA 2023 highlighted significant penalties for non-compliance, encouraging businesses to review and reinforce their data governance frameworks.
- The webinar discussed areas needing regulatory clarification, such as the interplay between consent and other lawful bases for processing, cross-border data transfers, and scaling consent and verification practices.
- The discussions during the FPF and Nasscom webinar series underlined the intersection of global data privacy concerns and the Indian Data Protection Act, with potential implications for the world's growing technology and finance industries.
- The webinar series provided a platform for expert opinions from various industries, including the data privacy community, offering valuable resources for education and self-development in the general news landscape.
