Impact of DPDPA on OTT Platforms.
The Digital Personal Data Protection Act 2023 (DPDPA) significantly impacts OTT platforms. They must obtain explicit user consent, ensure transparency in data usage, establish strong agreements with third-party data processors, and implement robust data management systems. These measures enhance user data protection and ensure compliance with regulatory requirements.
To ensure compliance with India's Digital Personal Data Protection Act 2023 (DPDPA), OTT and content streaming platforms should proactively consider the following steps:
Review Existing Personal Data: Assess and classify users' personal data, such as names, email addresses, and financial information. This prepares the platform to meet notice requirements for data collected prior to the DPDPA.
Verify Consent for Minors: Establish systems to obtain verifiable consent from guardians for minor users. This could involve consent forms, verification calls, or requiring government-issued IDs.
Define Data Collection Purpose: Clearly delineate the purpose of data collection and processing in user notices, covering primary services and ancillary features like content recommendations and marketing.
Agreements with Data Processors: Ensure robust contracts with third-party data processors that include representations, warranties, and indemnities to comply with the DPDPA. This holds the OTT platform accountable for the data processor’s actions.
Implement Robust Systems: Develop systems and dedicated teams for managing data protection tasks, including grievance redressal, consent withdrawal, and data correction or erasure. This ensures timely compliance with user requests and government directives.
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