Chapter V: Data Protection Board of India

Section 18: Establishment of Board

←Sec. 17Sec. 19→

Simple Explanation

Section 18 establishes the Data Protection Board of India as the regulatory authority: • Statutory Body: The Board is a body corporate, meaning it has a legal identity separate from the government. • Perpetual Succession: It continues to exist regardless of changes in membership. • Powers: It can own property, enter contracts, and sue or be sued in court. • Headquarters: Located at a place to be notified by the Central Government. The Board functions as India's dedicated data protection regulator, similar to how SEBI regulates securities or TRAI regulates telecom.

Key Points

  • ✓Establishes the Data Protection Board of India
  • ✓Body corporate with perpetual succession
  • ✓Can acquire property, contract, and sue
  • ✓Headquarters notified by Central Government

Official Text (Summary)

The Central Government shall establish a body called the Data Protection Board of India. The Board shall be a body corporate with perpetual succession and a common seal, with power to acquire, hold, and dispose of property, and to contract and sue. Its headquarters shall be at a place notified by the Central Government.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

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More Sections in Chapter V

Sec. 18Sec. 19Sec. 20Sec. 21Sec. 22Sec. 23Sec. 24Sec. 25Sec. 26

All Chapters

I. PreliminaryII. Obligations of Data FiduciaryIII. Rights and Duties of Data PrincipalIV. Special ProvisionsV. Data Protection Board of IndiaVI. Powers, Functions and Procedure to be Followed by BoardVII. Appeal and Alternate Dispute ResolutionVIII. Penalties and AdjudicationIX. Miscellaneous

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