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DPDP Act 2023 · s. 14 · Ch. IIIUpcoming · 13 May 2027

Right to nominate

Status
Upcoming
Applies from
13 May 2027G.S.R. 843(E)
Penalty
Up to Rs 50 croreSchedule, item 7
Binds
Every Data Fiduciary, for each Data Principal

In plain English

A person can nominate someone else to exercise their rights under the Act if they die or become incapable of doing so. The nomination is made in the manner the Rules prescribe.

What you must do

  • Provide a way for a Data Principal to record a nominee, and honour a nominee's requests when the conditions are met.

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Gazette text · s. 14A Data Principal shall have the right to nominate, in such manner as may be prescribed, any other individual, who shall, in the event of death or incapacity of the Data Principal, exercise the rights of the Data Principal in accordance with the provisions of this Act and the rules made thereunder.
  1. (1)
    A Data Principal shall have the right to nominate, in such manner as may be prescribed, any other individual, who shall, in the event of death or incapacity of the Data Principal, exercise the rights of the Data Principal in accordance with the provisions of this Act and the rules made thereunder.
  2. (2)
    For the purposes of this section, the expression “incapacity” means inability to exercise the rights of the Data Principal under the provisions of this Act or the rules made thereunder due to unsoundness of mind or infirmity of body.

Source: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy)

Sources: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy); DPDP Act 2023, s. 14 · Change log