notification

The Digital Personal Data Protection Act, 2023 defines the term "notification" to mean a formal announcement that is published in the Official Gazette. The Official Gazette serves as the official public journal of the government. Whenever the Act mentions that a rule, date, or requirement will be established by notification, it means the government must officially publish it in this journal for it to take effect. This ensures that there is a single, official public record for all formal actions taken under the law. The definition also explicitly applies to related words used throughout the text of the Act. Specifically, the words "notify" and "notified" carry the exact same requirement. If the law states that the Central Government will "notify" a specific standard, or that a certain category of Data Fiduciary (a person or entity that determines the purpose and means of processing personal data) is "notified," it means that the action is only completed through publication in the Official Gazette. This prevents confusion about whether an informal announcement or press release counts as a legal notification under the Act.

Key points

• A "notification" under the Act means an announcement published in the Official Gazette. (Section 2(r))
• The related terms "notify" and "notified" carry the exact same requirement of publication in the Official Gazette. (Section 2(r))

Common misreadings

• Assuming that a press release, website update, or informal announcement counts as being "notified" under the Act, when the text strictly requires publication in the Official Gazette.