Chapter V · Data Protection Board of India
Section 23: Proceedings of the Board
Section 23 lets the Board run its meetings, including digitally, protects its decisions from technical invalidity, and provides for the senior-most Member to stand in for an absent Chairperson.
- 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.23
- Reading time
- 2 min
- Updated
- August 2026
At a glance
Section 23 governs how the Board functions. It observes the prescribed procedure for meetings, including by digital means, and authenticates its orders and directions as prescribed [23(1)]. No act or proceeding of the Board is invalid merely because of a vacancy or defect in its constitution, a defect in an appointment, or a procedural irregularity that does not affect the merits [23(2)]. When the Chairperson cannot act, the senior-most Member discharges the functions until she resumes [23(3)]. This section is in force since 13 November 2025.
Key takeaways
- The Board sets its own meeting procedure, including digital, and authenticates orders as prescribed [23(1)].
- Decisions are not invalidated by technical defects in constitution, appointment or procedure that do not affect the merits [23(2)].
- The senior-most Member acts for an absent Chairperson [23(3)].
- Supports the Act's digital-by-design enforcement model.
Who should read this
Read this if you may face a Board proceeding: it explains that the process is digital-first and that decisions survive minor technical defects.
In plain language
Section 23 is housekeeping for the regulator: it can meet digitally, its rulings survive minor technical defects, and there is a clear stand-in when the Chairperson is unavailable, all of which keep the digital-office model running.
The text of the law
Section 23: Proceedings of the Board
23(1) The Board observes the prescribed procedure for its meetings, including by digital means, and authenticates its orders, directions and instruments as prescribed.
23(2) No act or proceeding is invalid merely because of a vacancy or defect in the Board's constitution, a defect in an appointment, or a procedural irregularity not affecting the merits.
23(3) When the Chairperson cannot discharge her functions, the senior-most Member does so until she resumes.
Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.
What this means for you
- Practically, expect a digital-first process, and note you cannot get a Board decision overturned merely on a technical procedural defect that did not affect the outcome.
Frequently asked questions
Can the Board meet digitally?
Can a Board decision be challenged for a technical defect?
Who acts when the Chairperson is absent?
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.