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New Data Privacy Legislation Raises Alarm for Indian Companies

Photo credit: www.csoonline.com

Challenges in Implementing Consent Management Frameworks

Many organizations are finding it increasingly difficult to establish robust consent-management frameworks that comply with legal requirements, particularly those that stipulate that consent must be freely given, specific, informed, unconditional, and unambiguous. As experts highlight, the process of managing consent—including the ability to withdraw or modify consent—may necessitate substantial technological adjustments. “Consent management poses a significant challenge. While sectors like e-commerce are beginning to adopt more nuanced consent mechanisms, traditional industries tend to stick with broad policies that often fall short of compliance,” stated Amit Jaju, senior managing director at Ankura Consulting Group in India.

The implementation of these new regulations is primarily aimed at safeguarding citizens’ digital rights, yet the onus of compliance is largely on the enterprises themselves. Organizations may need to fundamentally revise their data management practices to meet these evolving demands.

Additionally, the draft regulations impose a crucial requirement for organizations to report any personal data breaches within a strict timeframe of 72 hours to the Data Protection Board. Entities must also notify individuals whose data may have been compromised. Alarmingly, the current state of readiness for breach response appears to be inadequate, with only 4% of companies equipped with proactive notification systems, according to Jaju.

Source
www.csoonline.com

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