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DPDP Act 2023 · s. 32 · Ch. VIIUpcoming · 13 May 2027

Voluntary undertaking

Status
Upcoming
Applies from
13 May 2027G.S.R. 843(E)
Penalty
No separate penalty
Binds
No direct duty on companies

In plain English

At any stage of a proceeding the Board may accept a voluntary undertaking from the person concerned to take or stop an action, or to publicise it. Accepting it bars further proceedings on that matter, and breaking it is treated as a breach of the Act.

Gazette text · s. 32The Board may accept a voluntary undertaking in respect of any matter related to observance of the provisions of this Act from any person at any stage of a proceeding under section 28.
  1. (1)
    The Board may accept a voluntary undertaking in respect of any matter related to observance of the provisions of this Act from any person at any stage of a proceeding under section 28.
  2. (2)
    The voluntary undertaking referred to in sub-section (1) may include an undertaking to take such action within such time as may be determined by the Board, or refrain from taking such action, and or publicising such undertaking.
  3. (3)
    The Board may, after accepting the voluntary undertaking and with the consent of the person who gave the voluntary undertaking vary the terms included in the voluntary undertaking.
  4. (4)
    The acceptance of the voluntary undertaking by the Board shall constitute a bar on proceedings under the provisions of this Act as regards the contents of the voluntary undertaking, except in cases covered by sub-section (5).
  5. (5)
    Where a person fails to adhere to any term of the voluntary undertaking accepted by the Board, such breach shall be deemed to be breach of the provisions of this Act and the Board may, after giving such person an opportunity of being heard, proceed in accordance with the provisions of section 33.

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. 32 · Change log