Home > Chapter V: Data Protection Board of India - Sections 18-26 > India DPDPA: Article 18 – Establishment of the Board

India DPDPA: Article 18 – Establishment of the Board

18. Establishment of the Board

(1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Board to be called the Data Protection Board of India.

(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.

(3) The headquarters of the Board shall be at such place as the Central Government may notify.

What Article 18 Means for Your Business

Article 18 establishes the Data Protection Board of India (DPBI) as the statutory body responsible for enforcing the DPDPA. The Board is the regulatory authority to which Data Principals can bring complaints, and which can investigate breaches and impose penalties on Data Fiduciaries.

  • The Data Protection Board of India is now established and operational, it is the primary enforcement authority under the DPDPA.
  • The Board operates as a digital-first body, complaints, notices, and proceedings are conducted electronically where possible.
  • Businesses should familiarise themselves with the Board’s procedures for receiving and handling complaints, as these affect how you must respond to Board inquiries.
  • The Board has the power to direct urgent remedial action in the event of a data breach, non-compliance with Board directions carries significant penalty risk.

Frequently Asked Questions about Article 18

+ What is the Data Protection Board of India?
It is the authority established to enforce the provisions of the DPDP Act and handle data protection-related matters.
+ What powers does the Board have?
The Board can investigate non-compliance, issue directions, and take enforcement actions against businesses.
+ Do businesses need to interact with the Board?
Yes. Businesses may need to respond to notices, provide information, or cooperate during investigations.
+ Where is the Board located?
The headquarters of the Board will be determined and notified by the Central Government.
+ Why is this important for businesses?
It establishes the regulatory authority that ensures compliance and enforces penalties under the Act.
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