Readiness assessment

Concept

Voluntary Undertaking

A voluntary undertaking is a commitment a person can offer the Board to take or refrain from certain action, which, if accepted, bars further proceedings on that matter.

Defined inSection 32
CategoryEnforcement & Institutions
Applies toPersons in a Board proceeding

What the Act says

DPDP Act 2023, Section 32(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.

In plain language

Instead of fighting an inquiry, a person can offer the Board a binding commitment to fix or change something. If the Board accepts it, that bars proceedings on the covered matter.

But it has teeth: breaking the undertaking is itself treated as a breach of the Act, and the Board can then proceed to penalties.

Example

During an inquiry, a company undertakes to overhaul its consent flow within ninety days, and the Board accepts, pausing the matter.

Related terms

Related sections of the Act

Related Rules

Frequently asked questions

What happens if the undertaking is breached?

The breach is deemed a breach of the Act, and the Board may proceed to penalties.

When can it be offered?

At any stage of a proceeding under Section 28.

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