Ch IPreliminary
S.1 Short title and commencementS.2 DefinitionsS.3 Application and scopeCh IIObligations of Data Fiduciary
S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data FiduciaryCh IIIRights and duties of Data Principal
S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data PrincipalCh IVSpecial provisions
S.16 Transfer outside IndiaS.17 ExemptionsCh 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 ChairpersonCh VIBoard powers and procedure
S.27 Powers and functions of the BoardS.28 Procedure followed by the BoardCh VIIAppeal and dispute resolution
S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertakingCh VIIIPenalties
S.33 Penalties and the ScheduleS.34 Penalties to Consolidated FundCh IXMiscellaneous
S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other ActsConcept
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.
TL;DR
A voluntary undertaking (Section 32) is a binding commitment a person can offer the Data Protection Board to take or stop certain action; if the Board accepts it, that bars further proceedings on the matter. Breaking the undertaking is itself treated as a breach the Board can then penalise.
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.
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.
During an inquiry, a company undertakes to overhaul its consent flow within ninety days, and the Board accepts, pausing the matter.
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.
Consultant-led and partner-backed.