Is this a consulting service?

No, this is a free, interactive software tool that calculates your potential liability under the DPDP Act 2023 in 30 seconds. It provides an instant risk score and automated action plan.

What are common DPDP violations in DPA vs NDA for DPDP Compliance?

Common violations include: Engaging third-party vendors (like cloud providers, HR tech, marketing agencies) to process personal data without a specific DPDP-compliant Data Processing Agreement (DPA)., Believing a standard NDA provides adequate legal protection and operational control over how a vendor handles personal data., Failing to conduct vendor due diligence specifically on their data processing practices and security measures as required by DPDP..

The DPDP Audit Tool

Compliance for DPA vs NDA for DPDP Compliance

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DPA vs NDA for DPDP Compliance
Liability Check

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Your existing NDAs with vendors handling personal data are likely insufficient for DPDP compliance. Relying solely on them exposes you to significant liability as a Data Fiduciary, with penalties up to ₹250 Crore for breaches involving your processors.

Why DPA vs NDA for DPDP Compliance is at Risk

An NDA (Non-Disclosure Agreement) protects confidential information, but it **does not govern the specific responsibilities of a Data Processor** under the DPDP Act. DPDP mandates clear obligations for how personal data is collected, stored, processed, and secured by any third party acting on your behalf. Without a proper Data Processing Agreement (DPA), which outlines these duties, audit rights, breach notification protocols, and data return/deletion procedures, you remain fully liable as the Data Fiduciary for their non-compliance. A standard NDA simply won't cut it when the Data Protection Board comes knocking, expecting detailed evidence of your **due diligence with third-party data handlers**.

Common Violations

1.Engaging third-party vendors (like cloud providers, HR tech, marketing agencies) to process personal data without a specific DPDP-compliant Data Processing Agreement (DPA).
2.Believing a standard NDA provides adequate legal protection and operational control over how a vendor handles personal data.
3.Failing to conduct vendor due diligence specifically on their data processing practices and security measures as required by DPDP.

The Immediate Fix

Immediately audit all vendor contracts where personal data is processed on your behalf. Identify those lacking a DPDP-compliant DPA and initiate discussions to get one in place. Prioritise vendors handling sensitive personal data or large volumes of data.