What constitutes a "clear and plain" language in the notice?

Simplicity and Clarity
• Avoid Jargon:
o Use simple, everyday language that is easily understandable by the average user.
o Avoid technical, legal, or industry-specific jargon.
• Short Sentences:
o Use short, concise sentences to convey information.
• Active Voice:
o Write in the active voice to make the notice more direct and easier to understand.

Structure and Formatting
• Headings and Subheadings:
o Use clear headings and subheadings to break down the notice into sections (e.g., "Purpose of Data Processing," "Your Rights").
• Bullet Points:
o Use bullet points or numbered lists to present information in a structured and digestible format.
• Font and Layout:
o Use a readable font size and style.
o Ensure proper spacing and alignment to make the notice visually appealing and easy to read.

Content of the Notice
• Purpose of Processing:
o Clearly state the specific purpose for which the personal data is being processed.
o Example: "We will use your email address to send you updates about our products and services."
• Types of Data Collected:
o List the categories of personal data being collected (e.g., name, email, phone number).
• Rights of the Data Principal:
o Explain the rights of the Data Principal under the DPDPA, including:
-The right to access, correct, and erase their data.
-The right to withdraw consent at any time.
-The right to file a complaint with the Data Protection Board of India (DPBI).
• Contact Information:
o Provide the contact details of the Data Protection Officer (DPO) or a representative who can address queries related to data processing.

Language Options
• Multiple Languages:
o Offer the notice in English and any other language specified in the Eighth Schedule of the Indian Constitution, as required under Section 5(3) of the DPDPA.
• Localization:
o Ensure the notice is culturally appropriate and uses terms familiar to the target audience.

Examples of Clear and Plain Language
• Before (Unclear):
o "Your personal data may be utilized for the facilitation of diverse operational functionalities and the enhancement of user experience."
• After (Clear and Plain):
o "We will use your personal data to improve our services and provide you with a better experience."

Compliance with DPDPA
• Transparency:
o Ensure the notice is transparent and provides all necessary information without being overly complex.
• Accessibility:
o Make the notice easily accessible to users, such as through a dedicated webpage, email, or in-app notification.
• Record Keeping:
o Maintain records of the notice provided to demonstrate compliance with the DPDPA.

Example Notice
• Heading: "How We Use Your Personal Data"
• Content:
o "We collect your name and email address to send you updates about our products and services. You can unsubscribe at any time by clicking the link in our emails."
o "You have the right to access, correct, or delete your data. If you have any questions, please contact our Data Protection Officer at [email protected]."