India DPDPA: Article 23 – Proceedings of Board
23. Proceedings of Board
(1) The Board shall observe such procedure in regard to the holding of and transaction of business at its meetings, including by digital means, and authenticate its orders, directions and instruments in such manner as may be prescribed.
(2) No act or proceeding of the Board shall be invalid merely by reason of
(a) any vacancy in or any defect in the constitution of the Board;(b) any defect in the appointment of a person acting as the Chairperson or other Member of the Board; or(c) any irregularity in the procedure of the Board, which does not affect the merits of the case.
(3) When the Chairperson is unable to discharge her functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes her duties.
What Article 23 Means for Your Business
Article 23 governs how the Data Protection Board conducts its proceedings, including quorum requirements and decision-making procedures. Understanding these procedural rules is important if your organisation ever faces a Board inquiry or is a complainant.
- Board decisions are made by a majority of Members present, understanding the quorum rules helps assess whether a decision or order is procedurally valid.
- The Board must follow principles of natural justice, you have the right to be heard before any adverse order is made against your organisation.
- Familiarise yourself with the Board’s published procedural rules under the DPDP Rules 2025 before any inquiry commences.