Question 1

What is the Digital Personal Data Protection (DPDP) Act 2023 and how does it affect me?

Accepted Answer

The DPDP Act 2023 is India's comprehensive data protection law governing how digital personal data is collected, stored, and processed. It establishes key rights for individuals ("data principals"): the right to know how your data is used, the right to correction and erasure, the right to grievance redressal before the Data Protection Board of India (DPBI), and the right to nominate a representative. For businesses ("data fiduciaries"), it imposes obligations around consent, security safeguards, breach notification, and appointing Data Protection Officers. Penalties for non-compliance can reach ₹250 crore per breach. Whether you are an individual whose data has been misused or a business needing compliance support, our lawyers can guide you.

Question 2

What cyber crimes can I report under the IT Act 2000, and where do I report them?

Accepted Answer

Under the Information Technology Act 2000 (amended 2008), you can report: hacking and unauthorized access to computer systems (Sections 43, 66), identity theft (Section 66C), cheating by impersonation using digital means (Section 66D), publishing obscene or sexually explicit material (Sections 67, 67A), non-consensual sharing of private images (Section 66E), child sexual abuse material (Section 67B), and online stalking and harassment (Bharatiya Nyaya Sanhita 2023). Complaints can be filed at: (1) your local police cybercrime cell, (2) the National Cyber Crime Reporting Portal at cybercrime.gov.in, or (3) directly before a Magistrate's court. Our lawyers assist with strategic FIR filing, evidence preservation, and follow-up with investigating agencies.

Question 3

What should I do immediately if I am a victim of online financial fraud?

Accepted Answer

Act within the golden hour: Call 1930 (National Cyber Crime Helpline — available 24/7) immediately to flag the transaction and attempt to block the fraudulent beneficiary account. File an online complaint at cybercrime.gov.in. Preserve all evidence — screenshots, transaction IDs, UPI reference numbers, chat logs, and emails. Inform your bank in writing to place a freeze on the destination account. Then contact a cyber law lawyer to assess whether to file a formal FIR, approach the Banking Ombudsman under the RBI Integrated Ombudsman Scheme, or initiate civil recovery proceedings before a court. Speed is critical — the sooner you act, the higher the chance of fund recovery.

Question 4

What legal remedies are available if someone is defaming me online or running a smear campaign?

Accepted Answer

Online defamation is actionable both criminally and civilly. Criminal remedies include filing an FIR under Section 356 BNS 2023 (defamation) and related provisions for criminal intimidation or harassment. Civil remedies include filing a suit for an injunction to take down the content and for damages — courts can also order platforms to identify anonymous accounts through IP-based disclosure orders. Under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, social media intermediaries are required to act on valid complaints of unlawful content. We send takedown notices to platforms, file police complaints, and if necessary, move the High Court for urgent injunctive relief.

Question 5

Does my business need to comply with the DPDP Act 2023? What are the key obligations?

Accepted Answer

Yes — if your business collects, stores, or processes digital personal data of Indian residents (whether you are based in India or abroad), the DPDP Act applies to you. Core obligations include: obtaining free, informed, specific, and unambiguous consent before collecting personal data; maintaining a clear and accessible privacy notice; implementing reasonable security safeguards; notifying the Data Protection Board and affected individuals within prescribed timelines in case of a data breach; responding to individual data principal requests (access, correction, erasure) within specified timelines; and — for "significant data fiduciaries" — appointing a Data Protection Officer and conducting data protection impact assessments. Penalties can reach ₹250 crore for failure to implement security measures and ₹200 crore for failure to notify breaches. We offer DPDP compliance audits, privacy policy drafting, consent mechanism design, and ongoing DPO advisory services.

Question 6

What is CERT-In and when do its directions apply to my organization?

Accepted Answer

CERT-In (Indian Computer Emergency Response Team) is India's national cyber security agency established under Section 70B of the IT Act 2000. The CERT-In Directions 2022 require certain entities — including cloud service providers, virtual private server providers, VPN service providers, virtual asset service providers, data centres, and government bodies — to report any cyber security incident to CERT-In within 6 hours of detection. All organizations covered under the directions must maintain logs of ICT systems for 180 days within India and make them available to CERT-In on demand. Non-compliance can attract criminal liability under the IT Act. We advise businesses on CERT-In obligations, incident response planning, and the legal steps to take after a cyber security breach.

Question 7

What can I do if my personal data has been leaked or sold without my consent?

Accepted Answer

A data breach or unauthorized sale of your personal data gives rise to legal remedies under multiple laws. Under the DPDP Act 2023, you can file a complaint with the Data Protection Board of India (DPBI) against the data fiduciary responsible. Under the IT Act 2000, unauthorized access or disclosure of personal data is an offence under Sections 43, 66, and 72A. If a financial institution is involved, you can also approach the RBI or SEBI under their respective frameworks. In cases of sensitive personal data disclosure, civil suits for damages are maintainable. We assist with gathering digital evidence, filing complaints with regulators and law enforcement, and initiating legal proceedings to seek compensation.

Question 8

How can USD Legal help with my cyber law or data protection matter?

Accepted Answer

Our cyber law practice is led by Adv. Amit Bajpai, who handles matters across digital crime, data privacy, online defamation, and technology law. We provide end-to-end assistance: advising victims of cybercrime, preparing and filing FIRs, sending platform take-down notices, conducting DPDP Act compliance audits for businesses, drafting data processing agreements and privacy policies, advising on CERT-In compliance, and representing clients before the Delhi High Court, district courts, and regulatory bodies. We offer confidential initial consultations — contact us to discuss your specific situation.

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