In simple words
During proceedings, the Board may accept a voluntary undertaking from a person to take or stop some action. Once accepted, it bars further proceedings on those contents. Breaking the undertaking is treated as a breach of the Act.
- What this means for you
- A company may promise the Board to fix a problem instead of facing a full inquiry.
- What this means for businesses
- An undertaking can end proceedings, but breaking it can lead to a penalty.
- Everyday example
- A company promises to stop sharing location data with advertisers within thirty days.
Who it applies to
Persons in proceedings before the Board.
Related Rules
No specific rule. The text of the Act applies on its own.
Related sections
Official textas notified
Source: MeitY copy of the Gazette (CG-DL-E-12082023-248045), page 16. Printed dashes are shown as colons; the wording is unchanged.
(1) The Board may accept a voluntary undertaking in respect of any matter related to observance of the provisions of this Act from any person at any stage of a proceeding under section 28.
(2) The voluntary undertaking referred to in sub-section (1) may include an undertaking to take such action within such time as may be determined by the Board, or refrain from taking such action, and or publicising such undertaking.
(3) The Board may, after accepting the voluntary undertaking and with the consent of the person who gave the voluntary undertaking vary the terms included in the voluntary undertaking.
(4) The acceptance of the voluntary undertaking by the Board shall constitute a bar on proceedings under the provisions of this Act as regards the contents of the voluntary undertaking, except in cases covered by sub-section (5).
(5) Where a person fails to adhere to any term of the voluntary undertaking accepted by the Board, such breach shall be deemed to be breach of the provisions of this Act and the Board may, after giving such person an opportunity of being heard, proceed in accordance with the provisions of section 33.