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ZENODO
Article . 2026
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
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Corporate Liability for Data Breaches under the Digital Personal Data Protection Act, 2023: Legal Challenges and Regulatory Responses

Authors: Deepanshu; Dr Ashok Kumar;

Corporate Liability for Data Breaches under the Digital Personal Data Protection Act, 2023: Legal Challenges and Regulatory Responses

Abstract

Rapid digitalisation has transformed personal data into a critical economic resource for corporate entities, simultaneously increasing exposure to cyber threats and large-scale data breaches. Indian corporations now routinely collect, store, and process vast quantities of personal data, often without commensurate investment in cybersecurity governance. Persistent data breach incidents have exposed the inadequacy of India’s earlier legal framework, which relied primarily on the Information Technology Act, 2000 and subordinate rules. The Digital Personal Data Protection Act, 2023 (DPDP Act) represents a decisive shift towards acomprehensive rights-based regulatory regime governing digital personal data. This paper critically examines corporate liability for data breaches under the DPDP Act by analysing its constitutional foundations, statutory architecture, and enforcement mechanisms. It evaluates the extent to which the Act imposes fiduciary-style obligations on corporate data handlers and assesses whether its penalty regime effectively deters negligent data governance practices. Drawing upon Indian and international jurisprudence, including developments in the European Union, the United Kingdom, the United States, and Australia, the study identifies structural gaps and implementation challenges within the Indian framework. The paper arguesthat although the DPDP Act aligns Indian data protection law with global standards, its effectiveness depends on regulatory clarity, institutional independence, and the integration of cybersecurity oversight into corporate governance structures. The study concludes with policyoriented recommendations aimed at strengthening corporate accountability and safeguardinginformational privacy in India’s evolving digital economy.

Keywords

Corporate Data Breaches; Data Protection Law; DPDP Act 2023; Cybersecurity

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average