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3 of 6|Penalties & Enforcement
video 20 min•Penalty Framework
Grounds for Penalty
The specific violations that trigger a penalty.
🎯 Learning Objectives
- ▸ Identify the specific grounds for penalties
- ▸ Analyze the broad scope of "general non-compliance"
The Grounds
The Board can initiate proceedings for:
- • Breach of the terms and conditions of the Act.
- • Failure to comply with a direction issued by the Board.
- • Processing personal data in a manner that violates the Act.
- • Failure to fulfill the obligations of a Data Fiduciary.
📖 Glossary
- Unlawful Processing
- Processing personal data without a valid legal basis, such as consent or a legitimate use.
🔑 Key Takeaways
- Any breach of the Act is a ground for penalty.
- Failure to comply with Board orders is a separate offence.
- Unlawful processing (without consent or legitimate use) is a violation.
📚 Further Reading
- DPDPA Section 33 — Government of India (2023)
Course Author
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...