Penalties and compensation
What are the potential penalties for non-compliance with data protection provisions?
Under Section 43A, if a breach results in a wrongful gain or loss, the adjudicating officer or the courts (as the case may be) can order compensation to be paid. There is no maximum compensation prescribed.
The following penalties apply:
- Under Section 72, the penalty is imprisonment of up to two years, a fine of up to Rs100,000 or both.
- Under Section 72A, the penalty is imprisonment of up to three years, a fine of up to Rs500,000 or both.
The contents of cookies use policy
All Cookies Policies will include the same basic information. An adequate and compliant policy of this kind will inform users of the following:
- That cookies are in use on your web site
- What cookies are
- What kind of cookies are in use (by you and/or third parties)
- How and why you (and/or third parties) are using the cookies
- How a user can opt out of having cookies placed on her device(s)
Most policies on this matter start by letting users know that cookies are in use, and telling them what cookies are. Simple, easy-to-understand language should be used here so that everyone is able to understand what the policy is saying.
How to inform users
Top banner pop-ups -
General pop-up messages
Providing a pop-up box anywhere on your website will give adequate notice to users that cookies are in use on your website, so long as the pop-up box is conspicuous and clearly states what the purpose of the message is.
A Sample/Generic cookie template :