Section 32: Voluntary undertaking

Simple Explanation

Section 32 allows for settlement through voluntary undertakings: • Voluntary Undertaking: At any stage, a person can offer a voluntary undertaking to the Board. • Content: The undertaking may include promises to: - Take specific corrective actions within a time limit - Refrain from certain actions - Publicize the undertaking • Variation: The Board can modify terms with the person's consent. • Bar on Proceedings: Once accepted, no further proceedings on the same matter. • Breach Consequences: If the person violates the undertaking, the Board can proceed to impose penalties under Section 33. This is similar to consent decrees or settlement agreements in other regulatory frameworks.

Key Points

  • ✓Person can offer voluntary undertaking at any stage
  • ✓May include action commitments or refraining from actions
  • ✓Board can vary terms with consent
  • ✓Acceptance bars further proceedings on that matter
  • ✓Breach allows Board to proceed with penalties

Official Text (Summary)

The Board may accept a voluntary undertaking from any person at any stage of proceedings, which may include commitments to take or refrain from certain actions. The Board may vary terms with consent. Acceptance bars further proceedings on the matter, except if the undertaking is breached, in which case the Board may proceed under Section 33.

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

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