DPDP reference
Section 23: Proceedings of Board
Last checked 6 Nov 2026
The Board sets the procedure for its meetings, including digital meetings, and authenticates its orders as prescribed (s.23(1)). Its acts are not invalid merely because of a vacancy, a defect in appointment or an irregularity that does not affect the merits (s.23(2)). The senior most Member acts when the Chairperson cannot (s.23(3)).
- Applies to
- The Central Government and the Data Protection Board of India. A business meets this section only when it appears before the Board.
- Starts
- 13 Nov 2025, in force (G.S.R. 843(E), item (a)).
- Penalty
- None of its own. This section sets out how the law works and places no duty on a business.
- Source
- Digital Personal Data Protection Act, 2023 (22 of 2023), section 23; G.S.R. 843(E), commencement
Questions
Can an order be challenged because the Board had a vacancy?
A vacancy alone does not invalidate a Board act or proceeding (s.23(2)).
Related
- Rule 19: Procedure for meetings of Board and authentication of orders
- Section 26: Powers of Chairperson
- Section 28: Procedure to be followed by Board
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Not legal advice.