The State's exemptionis not your exemption.
Exemptions are notified, specific and narrow. Assumptions are none of those.
In one line: DPDPA applies to the State, but Section 17(2)(a) lets the Central Government exempt notified instrumentalities in specified interests such as sovereignty, security and public order.
Read the notification. Then read your contract. Then read them again.
The scene
The vendor's compliance note said ‘Government client, DPDPA not applicable’. It had been copied from a deck. Nobody had read the notification, because none had been issued for that department.
Where the thinking breaks
Contracts are catching up
Government contracts increasingly include data protection terms regardless of exemptions. The vendor that already meets them is the vendor that renews.
Monday morning
- 01List every government contract involving personal data.
- 02Check for any exemption notification.
- 03Brief delivery teams on what applies regardless.
Questions, answered plainly
Does DPDPA apply to government departments?
DPDPA applies to the State, but Section 17(2)(a) lets the Central Government exempt notified instrumentalities in specified interests such as sovereignty, security and public order.
Are private vendors covered by government exemptions?
Not automatically. The scope depends on the notification. Vendors should assume DPDPA applies to their own processing and contract accordingly.
Tell us where your data sits.We'll show you where the exposure is.
A partner replies within one working day, with a first view on your penalty exposure.
Speak to a partner