Alerts & Updates 11th Jun 2026

The DPDPA’s Enforcement Gap – Limited Remedies for Data Principles and Independence of the DPB

Authors

Ravisekhar NairPartner | Bengaluru
Gauri GuptaAssociate | Noida

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𝗘𝗟𝗣 𝗗𝗮𝘁𝗮 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝗣𝗿𝗶𝗺𝗲𝗿 𝗦𝗲𝗿𝗶𝗲𝘀 – 𝗧𝗵𝗲 𝗗𝗣𝗗𝗣𝗔’𝘀 𝗘𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 𝗚𝗮𝗽: 𝗟𝗶𝗺𝗶𝘁𝗲𝗱 𝗥𝗲𝗺𝗲𝗱𝗶𝗲𝘀 𝗳𝗼𝗿 𝗗𝗮𝘁𝗮 𝗣𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹𝘀 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗜𝗻𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝗰𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗗𝗣𝗕

The DPDPA establishes a dedicated framework for the protection of personal data and designates the Data Protection Board of India as its primary enforcement authority. However, the DPDPA’s enforcement architecture raises important questions, including the requirement for Data Principals to first exhaust the grievance redressal mechanism of the Data Fiduciary before approaching the Board, and the absence of a direct statutory mechanism for seeking compensation.

In this primer, we examine the limitations of the DPDPA’s enforcement framework from the perspective of individual rights and remedies and explore the alternative avenues available to aggrieved Data Principals. We also analyze concerns surrounding the institutional independence of the Board and consider how these issues may shape the future of data protection jurisprudence and enforcement in India.

Read the complete update here

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