India DPDP Act 2023·Control GV-002·high·Component: Governance

What this control requires

For SDFs: formally appoint an India-based representative (DPO may fulfil this role) and maintain proof of India residency. For all data fiduciaries: designate a contact person to answer data principal queries and publish contact details publicly with a defined response SLA. Objective: Ensure data principals always have a reachable, accountable contact for queries and that SDFs meet the India-residency requirement.
— India DPDP Act 2023, Control GV-002

In plain English

For SDFs: formally appoint an India-based representative (DPO may fulfil this role) and maintain proof of India residency. In practice, this means you can prove you maintain designated representative appointment-level controls on a defined cadence.

Why it matters

Penalties under the DPDP Act reach ₹250 crore per instance of significant non-compliance, and the Act applies extra-territorially to any entity processing personal data of individuals in India in connection with offering goods or services.

This control is rated high. Auditors expect a named owner, a remediation SLA, and a tooling artefact that evidences continuous operation.

What an auditor looks for

Indian DPAs and statutory auditors will look for: documented consent capture and revocation flows, a designated Data Protection Officer (for Significant Data Fiduciaries), breach-notification workflows tied to Data Protection Board notification timelines, and Records of Processing that match the consent notice the user saw.

Within Governance, the assessor will trace your implementation back to the catalogue reference (Control GV-002) and look for objective evidence on the latest two assessment cycles.

How to implement

Policy Management

Docs. Keep each policy in version-controlled Markdown alongside the code that implements it; ship a signed PDF snapshot at each annual review and link the SHA into the SoA.

Operational checklist

  • Maintain. Document the trigger, the owner and the cadence.
  • Define. Document the trigger, the owner and the cadence.
  • Ensure. Document the trigger, the owner and the cadence.
  • Scope: designated representative appointment.

Evidence to collect

  • Policy Document. A signed and version-controlled policy / standard / procedure document.

Signed policies, procedures, and registers document the safeguard. Focus: Designated Representative Appointment.

Common pitfalls

  • Policies that no engineer has read; the version in Confluence drifts from the version that's actually being enforced.

How it maps to other frameworks

Computed from shared tags, control component and key-operation subjects — handy when you are reconciling controls across an audit.

Related controls in India DPDP Act 2023

References

Topics: governance riskdata protectionpolicy managementprivacy management