India DPDPA: Article 43 – Power to Remove Difficulties
43. Power to Remove Difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty.
(2) No order as referred to in sub-section (1) shall be made after the expiry of three years from the date of commencement of this Act.
(3) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
What Article 43 Means for Your Business
Article 43 gives the Central Government a time-limited power, valid for two years from the commencement of the Act, to make provisions to remove any difficulties in implementing the DPDPA. This transitional power allows the government to address practical gaps or inconsistencies that emerge in the early implementation phase.
- Businesses experiencing genuine ambiguity in how the Act applies to a specific situation can flag the difficulty through industry associations, which may prompt a clarifying notification under this Article.
- The two-year window is limited, issues that are not addressed through this mechanism during the transitional period will require formal amendment of the Act or Rules to resolve.
- Monitor MeitY guidance and notifications during this period, as difficulty-removal orders may clarify obligations relevant to your sector or business model.