India DPDPA: Article 20 – Salary, allowances payable to and term of office
20. Salary, allowances payable to and term of office
(1) The salary, allowances and other terms and conditions of service of the Chairperson and other Members shall be such as may be prescribed, and shall not be varied to their disadvantage after their appointment.
(2) The Chairperson and other Members shall hold office for a term of two years and shall be eligible for re-appointment.
What Article 20 Means for Your Business
Article 20 governs the terms of service of the Board’s Chairperson and Members, including their salaries, allowances, and tenure. These provisions support the Board’s independence and institutional stability, which in turn affects the predictability and consistency of enforcement.
- The fixed terms and prescribed conditions of service for Board Members are designed to insulate them from undue political or commercial influence.
- A stable, professionally remunerated Board is more likely to develop consistent and predictable enforcement practice, businesses should monitor early Board decisions to understand enforcement priorities.
Frequently Asked Questions about Article 20
+ What does Article 20 of the DPDP Act cover?
Article 20 specifies the salary, allowances, and terms of service for the Chairperson and Members of the Data Protection Board of India.
+ Who decides the salary and allowances of Board members?
The Central Government determines the salary, allowances, and other service conditions of the Chairperson and Members.
+ Can the terms of service be changed after appointment?
No. The terms and conditions cannot be changed to the disadvantage of the Chairperson or Members after their appointment.
+ What is the tenure of Board members?
The Chairperson and Members hold office for a specified term, typically two years, and may be eligible for re-appointment.
+ Why is Article 20 relevant for businesses?
It ensures stability and independence of the regulatory authority, which leads to consistent and predictable enforcement of data protection laws for businesses.