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Ch VData Protection Board of India

S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the Chairperson

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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.

Official text
Section 23Proceedings of the Board
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.

Applies to The BoardChapter Chapter VEffective 13 Nov 2025Read time 2 min

Section 23: 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 Section 23 applies to

Read this if you may face a Board proceeding: it explains that the process is digital-first and that decisions survive minor technical defects.

FoundersLegal / DPOCompliance leadsProduct / engineering

Section 23 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.

Section 23 of the DPDP Act: full text

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 Section 23 means for your business

  • 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 about Section 23

Can the Board meet digitally?
Yes. Section 23(1) expressly allows digital meetings and prescribed authentication of orders.
Can a Board decision be challenged for a technical defect?
Not merely for a vacancy, appointment defect or procedural irregularity that does not affect the merits.
Who acts when the Chairperson is absent?
The senior-most Member, until the Chairperson resumes.

Sources

Related sections
Section 22: Resignation and vacanciesSection 24: Officers and employeesChapter V overview

This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.

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