Tech Giants to Express Concerns and Suggestions on DPDP Act Implementation

The DPDP Act, which was passed in Parliament just last month, has garnered significant attention due to its robust clauses and the absence of a clear implementation roadmap. The Act has left the industry in anticipation, and now, on Wednesday, September 20, these tech behemoths will have the chance to voice their apprehensions and recommendations.

Key Concerns: Age Gating

• Among the most pressing concerns for these major tech and social media companies is the concept of "age-gating."
• They are keen to address how the DPDP Act will affect their services, especially in preventing children under the age of 18 from accessing various apps.
• Additionally, these companies have expressed their desire for an extended transition period to adapt to the new regulatory framework.

Inclusive Discussion: startups, e-commerce players, small businesses

• This consultation is not limited to just Big Tech companies. The government has invited representatives from startups, e-commerce players, small businesses, advocacy groups, and law firms to participate in this crucial dialogue.

Proposed Six-Month Transition Period:

• The Ministry's likely proposal of a six-month transition period for the Digital Personal Data Protection (DPDP) Act to come into effect.
• This could significantly impact how companies adapt to the new regulations.

Differentiated Transition Periods:  

• Minister Chandrasekhar's prior indication of considering longer transition periods for small businesses and government entities to achieve full compliance with the DPDP Act.
• The importance of this differentiation in transition periods for different types of organizations.

"Verifiable Consent" Requirement:

• The DPDP Act mandates platforms to obtain "verifiable consent" from a parent or legal guardian before processing the personal data of users under the age of 18.
• This provision was a contentious issue during public consultations and tech giants believe they have mechanisms in place to comply.

Concerns Over Parental Consent:  

• The concerns raised by tech giants regarding the requirement for parental consent in processing children's data
• This provision has raised concerns about potential unintended consequences related to digital inclusion, privacy, and children's safety.

Unconditional, Free, and Informed Consent:

• The digital platforms will need to obtain unconditional, free, specific, and informed consent from users, presented in clear and plain language, for processing their data.
• The significance of the ability for users to withdraw consent at any time.

User Rights and Multilingual Notices:

• Emphasize that platforms must provide a notice that explains the purpose of data processing and the rights of users
• This notice must be made available in all 22 official languages, underscoring the diversity of India's linguistic landscape.

Notice to Users for Data Withdrawal:

• The requirement for platforms that have already collected personal data to send a notice to users, allowing them to withdraw their consent.
• This highlights the importance of transparency and user control.

Mr. Malhotra, as an expert in this domain, is available for exclusive interaction and quote to share how this new development plays a vital role in shaping the future of data privacy regulation in India.

We look forward to the possibility of collaborating with you to shed light on the intricacies and implications of the Digital Personal Data Protection Bill.