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Understanding TRAI’s Anti-Spam Guidelines vis-a-vis the DPDP Act

Jul 4

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Why Digital Privacy Matters Today?

We live in an age of hyper-connectivity—our inboxes overflow, phones ring with unknown numbers, and our data floats through countless apps and services. But India is taking bold steps to protect its citizens through two powerful legal frameworks:

  • TRAI’s Anti-Spam Regulations: Blocking unsolicited calls and messages.

  • Digital Personal Data Protection Act (DPDP), 2023: Governing how your personal data is collected and used.


Let’s break these down.

TRAI’s Anti-Spam Rules: Protecting Your Communication Space

The Telecom Regulatory Authority of India (TRAI) enforces rules to tackle unwanted commercial messages and calls. Here’s what you should know:

🔒 Key Protections

  • Do Not Disturb (DND): Register your number to block promotional spam.

  • Consent-Driven Messaging: Businesses must get your explicit consent before contacting you

  • Verified Sender IDs: Legitimate messages display brand headers, helping you spot real vs. fake.

  • Time Restrictions: Telemarketers can only call between 9 AM and 9 PM

  • DLT System: TRAI uses a blockchain-based registry to monitor telemarketers and message templates.


⚖️ Penalties for Violation

Telecom companies and marketers violating these rules face fines, blacklisting, and service suspensions.

The DPDP Act, 2023: Taking Control of Your Personal Data

The Digital Personal Data Protection Act was passed in August 2023 to protect your digital personal data and ensure transparency.

🛡️ Your Core Rights

  • Consent Before Use: Your data can only be collected and processed with your permission.

  • Right to Access: Know who has your data and how it’s being used

  • Right to Correction & Deletion: Fix inaccuracies or delete your data.

  • Right to Grievance Redressal: Lodge complaints and escalate issues.

  • Right to Nominate: Designate someone to manage your data if you are incapacitated.


👶 Special Protection for Children

  • Parental consent is mandatory for those under 18.

  • Targeted ads and behavioral tracking for children are banned.


🌐 Cross-Border Transfers

The government can prohibit data transfer to specific countries, a reverse of Europe’s whitelisting approach.


💼 Business Obligations

  • Data Fiduciaries must implement security, transparency, and minimize data collection.

  • Significant Data Fiduciaries (big tech or high-risk processors) face stricter obligations.


💸 Penalties

  • Individuals can be fined up to ₹10,000 for breaching duties.

  • Companies can be fined up to ₹250 crore for non-compliance.


How These Laws Work Together

🔍 Feature

TRAI Rules

DPDP Act, 2023

Consent Requirement

For promotional messages

For collecting and processing data

Data Security

Verified sender IDs

Secure processing & data minimization

User Control

DND registration

Rights to access, correct, delete

Enforcement Mechanism

TRAI’s monitoring & fines

Data Protection Board of India

Coverage

Calls and messages

All digital personal data

What You Can Do Today

✅ Register on the DND list to stop spam.

✅ Review app permissions—only share what’s necessary.

✅ Exercise your rights—ask companies what data they have on you.

✅ Report violations—TRAI and the Data Protection Board can help.


Final Thoughts

Digital freedom means more than just internet access—it means the power to control who contacts you and who uses your data. Thanks to TRAI’s anti-spam framework and the DPDP Act, India is leading the way toward a privacy-first digital future.

💬 “Your privacy is your power. Use it wisely.”📢 Need help understanding your data rights?

Contact us for personalized legal guidance on data privacy and digital compliance. Visit Us- https://www.dcorpo.legal/

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