Section 42: Power to amend the Schedule

←Sec. 41: Laying of rules and certain notificationsSec. 41 Sec. 43: Power to remove difficultiesSec. 43→

Simple Explanation

Section 42 allows the government to update penalty amounts: • Amendment Power: The Schedule (which lists penalties) can be amended by notification. • Cap: No penalty can be increased to more than DOUBLE its original amount. - Original max for security breach: ₹250 crore → can go up to ₹500 crore - Original max for other breaches: ₹50 crore → can go up to ₹100 crore - Original max for Data Principal duties: ₹10,000 → can go up to ₹20,000 • Effective Date: Amendments take effect from the notification date. This provides flexibility to adjust penalties for inflation and changing circumstances while preventing excessive increases.

Key Points

✓Government can amend penalty amounts in the Schedule
✓Cannot increase any penalty beyond double its original amount
✓Amendments effective from notification date
✓Provides flexibility while preventing excessive penalties

Official Text (Summary)

The Central Government may amend the Schedule by notification, but cannot increase any penalty to more than twice what was originally specified. Amendments have effect as if enacted in the Act from the notification date.

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

More Sections in Chapter IX

Sec. 35 Sec. 36 Sec. 37 Sec. 38 Sec. 39 Sec. 40 Sec. 41 Sec. 42 Sec. 43 Sec. 44

All Chapters

I. Preliminary II. Obligations of Data Fiduciary III. Rights and Duties of Data Principal IV. Special Provisions V. Data Protection Board of India VI. Powers, Functions and Procedure to be Followed by Board VII. Appeal and Alternate Dispute Resolution VIII. Penalties and Adjudication IX. Miscellaneous

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