India DPDPA: Article 41 – Laying of rules and certain notifications
41. Laying of rules and certain notifications
Every rule made and every notification issued under section 16 and section 42 of this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
What Article 41 Means for Your Business
Article 41 requires rules and certain notifications made under the Act to be placed before each House of Parliament. This parliamentary scrutiny mechanism provides oversight of the delegated legislation framework.
- Rules laid before Parliament may be subject to parliamentary scrutiny and potential modification, this creates some uncertainty around finalised rules until the parliamentary process is complete.
- Monitor parliamentary proceedings for any resolutions or debates concerning DPDPA rules that may signal amendments or clarifications to current requirements.