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Featured jurisdictionIndia, DPDP Act 2023

Notice, consent, Data Fiduciary duties, SDF obligations and breach intimation, explained.

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  1. Do we need a DPO if we only process employee data?Answered by a moderator · VerifiedLegal & Technical panel
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    Under India’s DPDP Act 2023, a Data Protection Officer is mandatory only for a Significant Data Fiduciary (section 10). Every other Data Fiduciary must still publish the business contact of a person who can answer questions about its processing (section 8(9)).

    Under the GDPR, Article 37 requires a DPO for public authorities, or where your core activities involve large-scale, regular and systematic monitoring, or large-scale special-category data. Routine HR processing is usually not a core activity, but large-scale employee monitoring or health and biometric data can change that. If you decide not to appoint, record why. See the DPDP Act guide.

  2. How do consent records differ between GDPR and the DPDP Act?18 replies · moderator summaryOpen thread
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    Both laws put the burden of proof on you. GDPR Article 7(1) requires the controller to be able to demonstrate consent; DPDP section 6(10) requires the Data Fiduciary to prove that notice was given and consent obtained. Under both, withdrawing must be as easy as giving consent (GDPR Article 7(3), DPDP section 6(4)).

    The DPDP differences: consent follows a standalone notice (section 5) and can be managed through a registered Consent Manager (section 6(7) to 6(9)). Record who consented, when, to which notice version, for which purpose, and when they withdrew. Read Consent under GDPR vs DPDP.

  3. Is ISO/IEC 42001 worth pursuing before our first AI release?Open for discussion · moderator summaryAI & standards
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    ISO/IEC 42001:2023 is a certifiable management-system standard for AI; no law requires it. Starting before a first release makes sense if customers are asking how you govern AI, or if the EU AI Act may apply to you, because its risk and impact assessments support many of the Act’s duties.

    Certification can come later. Most teams begin with a gap assessment, an AI policy, an inventory of AI systems and an impact assessment for the first use case. Read ISO/IEC 42001 before your first AI release.

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