INDIA Law and Practice Contributed by: Raj Ramachandran, Kartik Jain, Mannat Nirola and Anmol Mahajan, JSA Advocates & Solicitors
9. Looking Forward 9.1 Upcoming Legal Reforms
8.3 Role and Authority of the Data Protection Agency The Data Protection Board The DPBI, established under the DPDP Act, is the principal authority responsible for enforcement of India’s data protection framework. The DPBI functions as a quasi-judicial body with powers to investigate non-compliance and enforce obligations under the DPDP Framework. The DPBI’s Mandate and Powers The DPBI is empowered to inquire into personal data breaches and instances of non-compliance under the DPDP Framework, on the basis of breach notifica - tions, complaints, government references or court directions. Following such inquiries, the DPBI may pass appropriate orders, including directions requiring mitigation, remedial measures or compliance actions, and adjudicate violations under the DPDP framework. In exercising its functions, the DPBI possesses pow - ers similar to those of a civil court for the purposes of conducting inquiries, including summoning, requiring production of documents and examining evidence. It may also accept voluntary undertakings from regu - lated entities as part of enforcement proceedings. The DPBI has significant enforcement powers, includ - ing the authority to impose financial penalties of up to INR250 crore (approx. USD26.5 million) for specified contraventions under the DPDP Act. The enforcement regime is civil in nature and does not contemplate Appeals from orders of the DPBI lie before the Tel - ecom Disputes Settlement and Appellate Tribunal within 60 days, with further appeals available before the High Court and the Supreme Court. Operational Reality Although the DPBI has been formally constituted under the DPDP Act, it is not yet fully operational. As of April 2026, appointments to certain leadership positions remained pending. criminal penalties. Appeal Mechanism
India has, over the past year, demonstrated a consist - ent legislative and regulatory trajectory characterised by a dual policy objective: (i) facilitating ease of doing business through structural simplification and ration - alisation of legacy frameworks; and (ii) simultaneously strengthening governance, transparency and compli - ance obligations across sectors. Further legislative and regulatory developments are expected to continue this trend. In particular, the Cor - porate Laws (Amendment) Bill, 2026 signals an intent to recalibrate India’s corporate governance architec - ture. This trend assumes heightened significance in the current global environment, characterised by geo - political volatility, fragmented supply chains, elevated input costs and broader macroeconomic uncertainty. In such a context, regulatory systems are expected to increasingly balance investor protection and systemic stability. The implementation of the Labour Codes and the DPDP Framework marks a significant regulatory transition. As both regimes move through the imple - mentation phase, the focus is expected to remain on practical compliance, enforcement and operational integration. The coming year is likely to be shaped by how organisations adapt their internal processes and systems to meet these evolving regulatory require - ments. Overall, while no apparent legislative overhaul is cur - rently underway, India is clearly moving towards a more digitised, compliance-intensive and structur - ally efficient regulatory environment with a particular emphasis on ease of doing business.
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