India DPDPA: Article 42 – Power to amend Schedule
42. Power to amend Schedule
(1) The Central Government may, by notification, amend the Schedule, subject to the restriction that no such notification shall have the effect of increasing any penalty specified therein to more than twice of what was specified in it when this Act was originally enacted.
(2) Any amendment notified under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification.
What Article 42 Means for Your Business
Article 42 allows the Central Government to amend the Schedules to the DPDPA by official notification. The Schedules contain important operational provisions including model notices, standards for state processing, and exemptions from children’s data rules.
- Schedule amendments can change your compliance obligations without the Act itself being amended, the model notice in Schedule I and the exemptions in Schedule IV may be updated over time.
- Review Schedule amendments as they are notified, update your compliance programme and documentation to reflect any changes to the standards or exemptions that apply to your operations.
Frequently Asked Questions about Article 42
+ What does Article 42 of the DPDP Act allow?
It allows the Central Government to amend the Schedule, including penalty provisions, through notifications.
+ Can penalty amounts be increased?
Yes, but increases are subject to limits specified in the Act.
+ When do these changes take effect?
Changes become effective from the date specified in the official notification.
+ Why is this important for businesses?
It means compliance risks and penalty exposure can change over time, requiring continuous monitoring.