Chapter V · Data Protection Board of India
Section 22: Resignation by Members and filling of vacancy
Section 22 covers how members resign, how vacancies are filled, and a one-year cooling-off before members take certain post-office employment.
- Chapter
- Chapter V · Data Protection Board of India
- Status
- In force
- In force since
- 13 November 2025
- Applies to
- Data Protection Board
- Official citation
- DPDP Act, 2023, s.22
- Reading time
- 3 min
- Updated
- August 2026
At a glance
Section 22 governs exits from the Board. A Chairperson or Member may resign by written notice, effective when the Central Government permits relinquishment, or after three months, or when a successor takes office, or on expiry of term, whichever is earliest [22(1)]. Vacancies from resignation, removal, death or otherwise are filled by fresh appointment [22(2)]. For one year after leaving office, a former member may not, without the Central Government's prior approval, accept employment, and must disclose any later employment with a Data Fiduciary against whom she had proceedings [22(3)]. This section is in force since 13 November 2025.
Key takeaways
- A member resigns by written notice, effective at the earliest of government permission, three months, a successor taking office, or term expiry [22(1)].
- Vacancies from resignation, removal, death or otherwise are filled by fresh appointment [22(2)].
- A one-year cooling-off applies: no post-office employment without prior government approval [22(3)].
- Ex-members must disclose later employment with a Data Fiduciary they had proceedings against [22(3)].
Who should read this
Read this for context on the regulator's conflict-of-interest controls, especially the cooling-off rule affecting members who may have decided matters involving your company.
In plain language
Section 22 handles departures. Resignations take effect at a defined point, and any resulting gap is filled by a fresh appointment.
It also builds in a revolving-door safeguard: for a year after leaving, a former member needs government approval before taking a job, and must flag any move to a company they had adjudicated against.
The text of the law
Section 22: Resignation by Members and filling of vacancy
22(1) A Chairperson or Member may resign by written notice, effective at the earliest of the Central Government permitting relinquishment, expiry of three months from the notice, a successor entering office, or expiry of term.
22(2) A vacancy caused by resignation, removal, death or otherwise is filled by fresh appointment.
22(3) For one year after leaving office, a former member shall not, without the Central Government's prior approval, accept employment, and shall disclose any later employment with a Data Fiduciary against whom proceedings were initiated by or before her.
Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.
What this means for you
- The cooling-off and disclosure rules reduce conflict-of-interest risk in decisions that may affect your company.
- No direct company action required.
Frequently asked questions
How does a Board member resign?
Is there a cooling-off period after leaving the Board?
How are Board vacancies filled?
Sources
- Digital Personal Data Protection Act, 2023Ministry of Electronics and IT (MeitY)
- DPDP Rules, 2025Notified 13–14 November 2025
This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.