/The Act · Chapter V · Data Protection Board of India
Section 18: Establishment of Board
DPDP Act, 2023 (No. 22 of 2023). In force since 13 November 2025.
- Provision
- Section 18 of The Digital Personal Data Protection Act, 2023
- Status
- In force since 13 November 2025 (phase 1) G.S.R. 843(E)
- Rules made under it
- None identified
- Source
- Ministry of Law and Justice (Legislative Department) · 11 August 2023 · Official PDF
With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Board to be called the Data Protection Board of India.
The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.
Section 18 creates the Data Protection Board of India. The Central Government is responsible for setting the exact date when this Board is officially established through a public notification. The law makes the Board a body corporate. This means it functions as an independent legal entity. It has perpetual succession, meaning it continues to exist regardless of changes in its members, and it has an official common seal. Because it is a legal entity, the Board has the power to buy, hold, and sell property, whether movable or immovable. It can also sign contracts, file lawsuits, and be sued in its own name. Finally, the Central Government will decide and announce where the Board's headquarters will be located.
Key points
- The Central Government will establish the Data Protection Board of India on a date it chooses by notification (1).
- The Board is a body corporate with perpetual succession and a common seal (2).
- The Board has the legal power to acquire, hold, and dispose of property, and to make contracts (2).
- The Board can sue or be sued in its own name (2).
- The Central Government will notify the location of the Board's headquarters (3).
Common misreadings
- Readers might assume the Board is just a standard government department, but the Act specifically makes it a body corporate that can own property and be sued.
- Readers might think the headquarters location is fixed in the Act, but the Central Government has the power to decide and notify where it will be.
Interpretation prepared from the official text only, 9 September 2026. The official text above prevails.
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