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2 of 13|Complete DPDPA Act
reading 25 min•Reading the Act
Every Clause Explained
Understanding how to read the legal clauses in the Act.
🎯 Learning Objectives
- ▸ Learn to parse legal clauses
- ▸ Understand the use of "shall" vs "may" in the Act
- ▸ Identify exceptions and provisos
The Anatomy of a Clause
Take Section 8(1): "A Data Fiduciary shall, in respect of any processing of personal data, be responsible for compliance with the provisions of this Act."
- • Subject: Data Fiduciary
- • Action: be responsible for compliance
- • Scope: in respect of any processing of personal data
- • Mandatory nature: "shall"
The Provisos
Many sections end with a "Provided that..." sentence. This is a proviso. It acts as a safety valve or an exception. For example, Section 6(4) says consent can be withdrawn, "provided that" the withdrawal doesn't affect the legality of prior processing.
📖 Glossary
- Proviso
- A condition or exception attached to a legal section.
🔑 Key Takeaways
- "Shall" means mandatory. "May" means discretionary.
- Provisos usually contain exceptions to the main rule.
- Clauses must be read in the context of the entire section.
📚 Further Reading
- Legal Drafting in India — ILI Law Review (2021)
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...