Nishith Radio

Data Protection Series: Furnishing of Information and Blocking Powers

In this episode, Shashank Venkat, Member – Technology Law Practice, and Prerana Reddy, Member – Technology Law Practice, discuss the Central Government’s powers under the Digital Personal Data Protection Act, 2023 to require the mandatory furnishing of information. They examine the legal grounds for such requests, potential overlaps with procedures under other laws, implications for intermediaries, non-disclosure directions, and the power to block access to data based on the “interest of the general public” standard.

Data Protection Series: Data Protection Board, Penalties, and Appeal Mechanisms

In this episode, Aaron Kamath, Lead – Tech, Digital & Commercial Law Practice, and Uttara Jhaveri, Member – Technology Law and Life Sciences & Healthcare Law Practice, unpack the provisions related to the Data Protection Board under the Digital Personal Data Protection Act, 2023. They explain the composition and functions of the Board, the framework for imposing penalties, and the appeal process before the TDSAT, offering listeners a clear understanding of enforcement mechanisms and available remedies within India’s data protection regime.

Data Protection Series: Data Retention and Erasure

In this episode, Uttara Jhaveri, Member – Technology Law and Life Sciences & Healthcare Law Practice, and Sanjana Shrivastav, Member – Technology Law Practice, examine the personal data retention and erasure framework under the Digital Personal Data Protection Act, 2023. They explain how long a data fiduciary may retain personal data, when erasure is mandatory, minimum retention periods, extended timelines applicable to e-commerce platforms, online gaming intermediaries, and social media intermediaries, and the obligation to provide prior notice to the data principal before erasure of personal data.

Data Protection Series: Consent Managers

In this episode, Prerana Reddy, Member – Technology Law Practice, and Shashank Venkat, Member – Technology Law Practice, unpack the concept of consent managers under the Digital Personal Data Protection Act, 2023. They discuss the role of consent managers, registration and eligibility requirements, and their key obligations, including fiduciary duties and accountability to data principals, prevention of conflicts of interest, record-keeping and audit requirements, restrictions on access to personal data, and enforcement considerations.

Data Protection Series: Exemptions – When does the Data Protection Act not apply?

In this episode, Prerana Reddy, Member – Technology Law Practice, and Uttara Jhaveri, Member – Technology Law and Life Sciences & Healthcare Law Practice, discuss the exemptions under the Digital Personal Data Protection Act, 2023. The episode covers activity-based exemptions, entity-based exemptions applicable to certain data fiduciaries and startups, and limited situations where the Act does not apply in its entirety, highlighting how the law adopts a proportional and context-driven approach to data protection compliance.