Privacy Policy for Makemybusinesslive.com

1. Executive Summary
This document outlines the Privacy Policy for makemybusinesslive.com, reflecting a steadfast commitment to safeguarding the privacy and personal data of its users. The policy serves as a transparent declaration of how makemybusinesslive.com collects, utilizes, shares, and protects personal information across its website, applications, and services. The scope of this policy encompasses all interactions with makemybusinesslive.com, particularly concerning its core offerings in web and app development, UI/UX design, and digital marketing services. Makemybusinesslive.com affirms its adherence to the Digital Personal Data Protection Act, 2023 (DPDP Act) of India, Federal Decree-Law No. 45 of 2021 (PDPL) of the UAE, and broader international data protection standards, including principles aligned with the General Data Protection Regulation (GDPR). The fundamental objective of this policy is to foster trust and ensure transparency in all data processing activities.
2. Introduction to Our Privacy Policy
The primary purpose of this Privacy Policy is to inform users comprehensively about the practices of makemybusinesslive.com regarding the collection, use, storage, sharing, and protection of their personal data. It further delineates the rights individuals possess concerning their personal data and provides clear instructions on how these rights can be exercised. This policy underscores makemybusinesslive.com’s dedication to upholding stringent data protection laws, especially those applicable in India and the UAE, given the company’s operational reach and target demographic.
This policy applies to all personal data processed by makemybusinesslive.com through its digital channels, including its website (https://makemybusinesslive.com/), mobile applications, and during the provision of its services, which encompass web and app development, UI/UX design, and digital marketing. The policy’s applicability extends to data subjects residing in India and the UAE, as well as individuals interacting with services from other international locations. The Digital Personal Data Protection Act of India applies to the processing of digital personal data within Indian territory and to overseas processing of digital personal data when offering goods or services to individuals in India.1 Similarly, the UAE Personal Data Protection Law (PDPL) covers the processing of personal data of individuals residing in the UAE or those conducting business within the UAE, and it applies to data controllers and processors within the UAE regardless of the data subjects’ location.3 This broad extraterritorial applicability means that makemybusinesslive.com must comply with these laws even if data processing occurs outside India or the UAE, provided services are offered to individuals in these regions. Consequently, the policy cannot be a generic document; it must specifically address the requirements and nuances of both the DPDP Act and PDPL, while also aligning with broader international data protection principles. This necessitates adopting a comprehensive compliance approach that meets the most stringent requirements across all applicable jurisdictions.
This Privacy Policy is effective as of.
For clarity, the following key terms are defined:
- Personal Data: Any data about an individual who is identifiable by or in relation to such data.2
- Data Principal/Data Subject: The individual to whom the personal data relates.
- Data Fiduciary/Controller: The entity determining the purpose and means of processing personal data (makemybusinesslive.com acts in this capacity).
- Processing: Any wholly or partially automated operation or set of operations performed on digital personal data, including collection, storage, use, and sharing.2
3. Information We Collect
Makemybusinesslive.com collects various categories of personal data to effectively provide its digital services. The collection methods are designed to be transparent and aligned with legal requirements.
Categories of Personal Data Collected:
- Directly Provided Information: This includes data voluntarily submitted by users.
- Contact Information: Such as name, email address, phone number, company name, and job title, typically collected when users complete contact forms, request quotes, or subscribe to newsletters.
- Project-Specific Information: Details pertinent to web and app development, UI/UX design, or digital marketing projects. This can include project briefs, specific requirements, creative assets, client feedback, communication logs, and, where necessary, access credentials for client platforms like Content Management Systems (CMS) or analytics tools.
- Account Information: Usernames, passwords, and other credentials required to access makemybusinesslive.com’s client portals or services.
- Communication Content: Records of all correspondence, including emails, chat transcripts, and support tickets.
- Automatically Collected Information: Data gathered through technological means as users interact with the website and services.
- Technical Data: This encompasses IP addresses, browser types and versions, operating systems, device types, and unique device identifiers.
- Usage Data: Information on how users interact with the website, including pages visited, time spent on pages, referral sources, clickstream data, and interactions with website features.
- Cookie Data: Information collected via cookies and similar tracking technologies (e.g., pixels, web beacons) used to enhance user experience, analyze website performance, and facilitate targeted advertising.
- Information from Third Parties: Data obtained from marketing partners, analytics providers, or publicly available sources to improve services or marketing efforts, always in compliance with applicable laws.
Methods of Collection:
Data is collected through various channels, including website forms, direct communication (email, phone), formal service agreements, and automated technologies such as cookies and server logs.
The DPDP Act requires that a privacy notice clearly state the categories of personal data collected.1 The services offered by makemybusinesslive.com, such as web and app development, UI/UX design, and digital marketing, inherently involve the collection of diverse data types. Beyond standard contact information, project briefs, client-provided assets, and even communication logs can constitute personal data if they are identifiable to an individual. The DPDP Act broadly defines “Personal data as any data about an individual who is identifiable by or in relation to such data”.2 This broad definition means that makemybusinesslive.com must categorize and treat all such identifiable information with the same level of protection and transparency as traditional personal data. The policy explicitly enumerates these varied data types, extending beyond mere names and email addresses, to ensure comprehensive compliance and user understanding of the full scope of data processing. This approach also aligns with data minimization principles, which advocate for collecting only data that is adequate, relevant, and limited to what is necessary for the specified processing purposes.5
4. How We Use Your Information
Makemybusinesslive.com processes personal data for specific, explicit, and legitimate purposes, ensuring that all data handling is transparent and justified by a lawful basis.
Specific, Explicit, and Legitimate Purposes for Processing:
- To Provide and Manage Services: Personal data is utilized to deliver web and app development, UI/UX design, and digital marketing services in accordance with contractual agreements. This includes essential activities such as project management, client communication, and overall service delivery.
- To Respond to Inquiries and Provide Support: Data is used to address user questions, provide customer service, and offer technical support efficiently.
- For Marketing and Communication: Personal data may be used for sending newsletters, promotional materials, and updates about makemybusinesslive.com’s services. Such communications are only sent where explicit consent has been obtained or where a legitimate interest applies and users have not opted out.
- To Improve Our Website and Services: Analysis of website usage patterns helps identify areas for enhancement, leading to improved user experience and service offerings.
- For Security and Fraud Prevention: Data processing is necessary to protect makemybusinesslive.com’s systems and users from unauthorized access, fraudulent activities, and other illegal acts.
- For Legal Compliance: Personal data may be processed to fulfill legal obligations, respond to lawful requests from public authorities, and enforce makemybusinesslive.com’s terms and conditions.
Lawful Bases for Processing:
Makemybusinesslive.com processes personal data based on clearly defined legal grounds:
- Consent: Data processing occurs when explicit, free, specific, informed, unconditional, and unambiguous consent has been provided by the individual for one or more specific purposes.1 Individuals retain the right to withdraw their consent at any time.
- Contractual Necessity: Processing is undertaken when it is necessary for the performance of a contract with the user or to take steps requested by the user prior to entering into a contract (e.g., providing a service quote, delivering a web development project).
- Legitimate Interests: Processing may be based on makemybusinesslive.com’s legitimate interests or those of a third party, provided these interests do not override the fundamental rights and freedoms of the data subject. This basis is used for activities like internal analytics, security measures, or direct marketing where permissible, following a balancing test to ensure data subject rights are protected.
- Legal Obligation: Processing is conducted when necessary to comply with a legal obligation to which makemybusinesslive.com is subject (e.g., tax, accounting, or regulatory requirements).
All applicable data protection frameworks, including the DPDP Act, UAE PDPL, and GDPR, place significant emphasis on processing data for a “specific purpose” and obtaining “explicit, informed consent”.1 This is more than a mere legal formality; it is an operational imperative. For a digital marketing and development company, this means that a single “I agree to terms” checkbox is insufficient. Makemybusinesslive.com must implement mechanisms for granular consent, such as separate checkboxes for marketing communications versus service-related communications. Clear notices must be provided
before seeking consent, detailing the categories of personal data collected and the specific purposes for processing.1 Furthermore, robust records of when and how consent was given are essential for accountability. This also implies that data initially collected for web development cannot automatically be used for digital marketing without separate, specific consent, unless a different lawful basis applies and is clearly communicated. This directly influences the design of website forms, cookie banners, and client onboarding processes to ensure full compliance.
5. How We Share and Disclose Your Information
Makemybusinesslive.com shares and discloses personal data only under specific circumstances and with appropriate safeguards, ensuring compliance with relevant data protection laws.
Sharing with Third-Party Service Providers:
Trusted third-party service providers are engaged to perform various functions on behalf of makemybusinesslive.com. These functions include, but are not limited to, hosting services, analytics, customer relationship management (CRM), email marketing, and payment processing. These providers are contractually bound to protect personal data and are permitted to process it only according to makemybusinesslive.com’s instructions and applicable data protection laws.
Legal Requirements and Law Enforcement:
Personal data may be disclosed if required by law or in response to valid requests from public authorities, such as court orders or directives from government agencies.
Business Transfers:
In the event of a merger, acquisition, or asset sale, personal data may be transferred as part of the transaction. Should such an event occur, makemybusinesslive.com will notify affected individuals of the transfer and ensure that the acquiring entity adheres to the principles outlined in this Privacy Policy.
Cross-Border Data Transfers:
As a provider of digital services, makemybusinesslive.com may transfer personal data to countries outside of India or the UAE for processing and storage, including transfers to its service providers located internationally. Both the India DPDP Act and the UAE PDPL address cross-border data transfers. The DPDP Act permits the transfer of personal data outside India, with the caveat that businesses must comply with any notifications issued by the central government restricting transfers to specific countries.1 The UAE PDPL also sets out requirements for the cross-border transfer and sharing of personal data for processing purposes.8
Safeguards for Cross-Border Transfers:
Makemybusinesslive.com implements appropriate safeguards to ensure personal data remains protected during international transfers. These safeguards may include the use of standard contractual clauses, binding corporate rules, or other mechanisms approved by relevant data protection authorities. Makemybusinesslive.com will strictly adhere to any governmental notifications from India or the UAE that restrict data transfers to specific countries. The explicit mention of potential government restrictions on data transfers in both the DPDP Act and UAE PDPL 1 highlights a dynamic regulatory environment. This means makemybusinesslive.com must establish an internal process to continuously monitor notifications from the Indian and UAE governments regarding restricted countries for data transfer. Furthermore, data transfer agreements with international vendors must be sufficiently flexible to adapt to these potential changes, which could necessitate alternative data processing locations or mechanisms. This underscores the critical need for ongoing legal vigilance beyond the initial policy drafting.
6. Data Security and Protection Measures
Makemybusinesslive.com is deeply committed to protecting personal data from unauthorized access, alteration, disclosure, or destruction. Robust technical and organizational measures are implemented to ensure the integrity and confidentiality of all data.
Security Measures Implemented:
- Encryption: Encryption is utilized for data in transit and at rest where appropriate, such as SSL/TLS for website communication and encrypted databases.
- Access Controls: Strict access controls and authentication mechanisms are in place to limit access to personal data only to authorized personnel who have a legitimate need to know.
- Access Logs and Monitoring: Access logs are maintained and regularly reviewed to detect and prevent any unauthorized activity.1
- Data Backups: Reasonable measures, including data backups, are implemented to ensure the continuity of processing and recoverability in scenarios such as data loss.1
- Pseudonymization/Anonymization: Where feasible and appropriate, personal data may be pseudonymized or anonymized to reduce identifiability.3
- Regular Security Audits: Periodic security assessments and vulnerability testing are conducted to identify and address potential weaknesses in the security infrastructure.
- Employee Training: Regular data protection and security training is provided to all staff members who handle personal data.
Data Breach Notification:
In the unfortunate event of a data breach that is likely to pose a risk to the rights and freedoms of data subjects, makemybusinesslive.com will notify the Data Protection Board of India 2 or the Central Bank/relevant authorities in the UAE 3, as well as affected data subjects, without undue delay, as required by applicable laws.
While international standards like GDPR and the UAE PDPL broadly require “appropriate security measures” 3, the India DPDP Act provides highly specific examples of mandated security measures. These include encryption, maintaining access controls and access logs, regular review and monitoring of access logs, and implementing reasonable data backups to ensure processing continuity and data recovery.1 It also stipulates data retention for “at least one year to support breach detection, investigation, and prevent recurrence”.1 This level of detail in the DPDP Act establishes a more prescriptive standard for makemybusinesslive.com’s security posture. Therefore, makemybusinesslive.com does not merely aim for “reasonable” security but actively implements these specified technical and organizational measures. The Privacy Policy reflects these specific commitments, demonstrating a robust and legally informed security framework.
7. Data Retention
Makemybusinesslive.com adheres to principles of data retention, ensuring that personal data is kept only for as long as necessary to fulfill the purposes for which it was collected. This includes satisfying any legal, accounting, or reporting requirements.
Criteria for Retention:
The duration for which personal data is retained is determined by several factors:
- The length of the contractual relationship with the user.
- The necessity of retaining data for ongoing service provision or support.
- Compliance with legal and regulatory obligations, such as tax, audit, or specific data protection laws.
- The need to resolve disputes or enforce legal agreements.
- The specific requirement under the India DPDP Act to retain data for “at least one year to support breach detection, investigation, and prevent recurrence”.1
Anonymization/Deletion:
Once the retention period expires, personal data is securely deleted or anonymized 3 so that it can no longer be associated with an individual. While the general principle across data protection laws is to retain data “only as long as necessary” for the purpose 3, the India DPDP Act introduces a specific minimum retention period of “at least one year to support breach detection”.1 The UAE PDPL also mentions a “minimum of 5 years” in the context of the Central Bank’s Stored Value Facilities Regulation.3 Although this specific 5-year rule may not broadly apply to makemybusinesslive.com as a general digital service provider, it highlights the potential for specific retention mandates.
This means makemybusinesslive.com must establish clear internal data retention schedules that reconcile the general principle of purpose fulfillment with any specific minimum retention periods mandated by law. This requires a granular approach to data lifecycle management, ensuring that data is not held indefinitely but also not deleted prematurely if a legal minimum applies. The policy emphasizes retaining data for the least amount of time necessary while strictly complying with any specific legal minimums.
8. Your Data Protection Rights
As a Data Principal or Data Subject, individuals possess specific rights regarding their personal data. Makemybusinesslive.com is committed to facilitating the exercise of these rights in accordance with the India DPDP Act, UAE PDPL, and international standards.
Your Rights Include:
- Right to Access (Right to Information): Individuals have the right to obtain a summary of their personal data processed, information about makemybusinesslive.com’s processing activities, and details of data fiduciaries/processors who have access to their data.1
- Right to Correction/Rectification: Individuals can request makemybusinesslive.com to correct any inaccuracies, update, or complete their personal data held by the company.1 Such requests will be fulfilled within a reasonable time.
- Right to Erasure (Right to be Forgotten): Individuals can request the deletion of their personal data when it is no longer necessary for the purposes for which it was collected, or if consent is withdrawn and there is no other legal basis for processing.1
- Right to Restrict Processing: In certain situations, individuals can request makemybusinesslive.com to limit the processing of their personal data (e.g., if the accuracy of the data is contested).4 In such cases, the data may be stored but not further processed until the issue is resolved.
- Right to Data Portability: Individuals have the right to receive their personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another service provider without hindrance.4
- Right to Object: Individuals can object to the processing of their personal data for certain purposes, such as direct marketing, or if the processing is based on makemybusinesslive.com’s legitimate interests.4
- Right to Withdraw Consent: If makemybusinesslive.com relies on an individual’s consent to process their personal data, they have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.1
- Right to Object to Automated Processing: Individuals have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.4 They can request human intervention and challenge such decisions.
- Right to Grievance/Complaint: Individuals have the right to lodge a complaint with makemybusinesslive.com through its designated grievance mechanism if they believe their data protection rights have been violated.1 If the grievance remains unresolved through this internal mechanism, individuals may approach the Data Protection Board of India or the UAE Data Office.
- Right to Nominate: Under the India DPDP Act, a Data Principal has the right to nominate another person to exercise their rights in the event of death or incapacity.2
Procedure for Exercising Your Rights:
To exercise any of these rights, individuals are requested to contact makemybusinesslive.com’s designated Grievance Officer/Data Protection Contact using the details provided in Section 10. Requests will be responded to within a reasonable timeframe.1 Identity verification may be required before processing a request to ensure the security of personal data.
While both the India DPDP Act and UAE PDPL enumerate core data subject rights such as access, correction, and erasure 1, the UAE PDPL 4 and GDPR 9 explicitly detail additional rights like data portability, objection to automated processing, and restriction of processing. To achieve compliance with “international IT guidelines,” makemybusinesslive.com adopts the most comprehensive set of data subject rights derived from all relevant frameworks (DPDP Act, PDPL, GDPR). This means offering rights such as data portability and objection to automated processing, even if the DPDP Act snippets do not explicitly list them in detail. This approach simplifies compliance by setting a high standard that covers multiple jurisdictions, benefiting users globally and streamlining the management of diverse rights across different user locations.
The following table provides a comparative overview of data subject rights across these key jurisdictions:
Right | India (DPDP Act) | UAE (PDPL) | GDPR (International) | How to Exercise |
Access/Information | Yes 1 | Yes 4 | Yes 9 | Contact Grievance Officer |
Correction/Rectification | Yes 1 | Yes 4 | Yes 9 | Contact Grievance Officer |
Erasure/Right to be Forgotten | Yes 1 | Yes 4 | Yes 9 | Contact Grievance Officer |
Restrict Processing | Not explicitly detailed | Yes 4 | Yes 9 | Contact Grievance Officer |
Data Portability | Not explicitly detailed | Yes 4 | Yes 9 | Contact Grievance Officer |
Object to Processing | Not explicitly detailed | Yes 4 | Yes 9 | Contact Grievance Officer |
Withdraw Consent | Yes 1 | Yes 4 | Yes 6 | Contact Grievance Officer |
Object to Automated Processing | Not explicitly detailed | Yes 4 | Yes 9 | Contact Grievance Officer |
Grievance/Complaint | Yes 1 | Yes 4 | Yes | Contact Grievance Officer; escalate to Data Protection Board of India/UAE Data Office if unresolved |
Nomination (in case of death/incapacity) | Yes 2 | Not explicitly detailed | Not explicitly detailed | Contact Grievance Officer |
9. Children’s Privacy
Makemybusinesslive.com maintains a strict policy regarding the privacy of children. Its services are not primarily directed at individuals under the age of 18. Personal data from children is not knowingly collected without verifiable parental consent.
Specific Obligations under India’s DPDP Act:
The India DPDP Act imposes particularly stringent requirements concerning children’s data.
- If makemybusinesslive.com processes data of children (individuals below 18 years of age) in India, verifiable consent from their parent or legal guardian is mandated.1
- The Act explicitly prohibits tracking, behavioral monitoring, or engaging in targeted advertising of children without explicit permission from the Central Government of India.1
- Makemybusinesslive.com has a strict duty not to process children’s data if such processing is likely to cause any detrimental effects to them.1
Measures for Children’s Data:
- Age verification mechanisms are implemented where appropriate to prevent unauthorized data collection from minors.
- Any processing of children’s data, if undertaken with verifiable consent, is conducted with the utmost care and consideration for their best interests and well-being.
Penalties:
Non-fulfilment of obligations related to children’s data under the DPDP Act can result in significant penalties, potentially up to Rs 200 crore.2 The DPDP Act’s provisions on children’s data are exceptionally stringent, explicitly prohibiting tracking, behavioral monitoring, and targeted advertising without government permission, and mandating verifiable parental consent.1 The severe penalties associated with non-compliance in this area make it a critical compliance focus for makemybusinesslive.com. As a digital marketing company, makemybusinesslive.com must implement robust age verification processes and ensure that its marketing practices never inadvertently target or track children in India without strict adherence to these rules. This may necessitate a policy of actively avoiding the collection of children’s data or implementing highly sophisticated consent and age-gating mechanisms, which will directly influence their digital marketing strategies and platform choices.
10. Grievance Redressal and Contact Information
Makemybusinesslive.com is committed to providing an effective and convenient mechanism for addressing any grievances related to its data processing activities or the exercise of data principal rights.1
How to File a Complaint:
Individuals with questions, concerns, or those wishing to exercise their data protection rights are encouraged to contact makemybusinesslive.com’s designated Grievance Officer/Data Protection Contact. Complaints will be acknowledged promptly and efforts will be made to resolve them within a reasonable timeframe.1
Escalation:
If a grievance remains unresolved through makemybusinesslive.com’s internal mechanism, individuals retain the right to approach the Data Protection Board of India 1 or the UAE Data Office 4 for further redressal.
Contact Details for Grievance Officer/Data Protection Contact:
- Name:
- Email:
- Address: [Physical address of makemybusinesslive.com]
- Phone: [Contact number, if applicable]
Both the India DPDP Act and the UAE PDPL explicitly mandate an “accessible grievance redressal mechanism” and the appointment of a person to oversee grievances.1 This requirement extends beyond simply providing a contact email. Makemybusinesslive.com needs to establish a formal internal process for handling data subject requests and complaints. This includes clear internal workflows for receiving, logging, investigating, and responding to grievances within defined “reasonable times.” The Privacy Policy reflects this structured approach, demonstrating a commitment to due process for data subjects.
11. Changes to This Privacy Policy
Makemybusinesslive.com may update this Privacy Policy periodically to reflect changes in its practices, legal requirements, or the adoption of new technologies. Any material changes will be communicated by posting the updated policy on the website with a revised “Effective Date” or through other appropriate means, such as email notification. Users are encouraged to review this Privacy Policy periodically to remain informed about how their information is protected.
12. Appendix: Detailed Compliance Framework
This appendix provides a deeper examination of how makemybusinesslive.com adheres to the specific requirements of the Digital Personal Data Protection Act, 2023 (India), Federal Decree-Law No. 45 of 2021 (UAE), and aligns with broader international data protection principles.
12.1. Adherence to India’s Digital Personal Data Protection Act (DPDP Act), 2023
The DPDP Act, enacted in August 2023, establishes a comprehensive framework for digital personal data protection in India.1
- Applicability: The Act applies to the processing of digital personal data within India, whether collected online or digitized offline. Significantly, it also extends to overseas processing of digital personal data if such processing is for the purpose of offering goods or services to individuals in India.1 This directly covers makemybusinesslive.com’s operations, irrespective of its physical location, as long as it serves individuals in India.
- Key Definitions and Roles: The Act defines key roles and terms crucial for compliance. The Data Principal is the individual to whom personal data relates. The Data Fiduciary is the entity determining the purpose and means of processing personal data, a role makemybusinesslive.com fulfills. Personal Data is broadly defined as any data about an individual who is identifiable by or in relation to such data.2
- Consent Requirements: Consent under the DPDP Act must be “free, specific, informed, unconditional and unambiguous with a clear affirmative action”.1 A notice detailing the categories of personal data collected and the specific purposes of processing must be provided before seeking consent.1 Consent can be withdrawn at any point in time.2 The requirement for “clear affirmative action” implies that active opt-in mechanisms, rather than pre-ticked boxes or implied consent, are necessary. This is a critical design consideration for all website forms and cookie consent banners implemented by makemybusinesslive.com.
- Obligations of Data Fiduciaries (Makemybusinesslive.com): Makemybusinesslive.com, as a Data Fiduciary, is subject to several obligations:
- Purpose Limitation: Limiting the use of personal data strictly to the specific purpose for which consent was obtained.1
- Data Minimisation: Collecting only data that is adequate, relevant, and limited to what is necessary for the specified purposes, aligning with international best practices.5
- Accuracy and Completeness: Making reasonable efforts to ensure the accuracy and completeness of processed data.2
- Security Safeguards: Implementing robust security safeguards to prevent data breaches, including encryption, access controls, maintaining and reviewing access logs, and implementing data backups.1
- Breach Notification: Informing the Data Protection Board of India in the event of a data breach.2
- Data Retention: Retaining data for a minimum of one year to support breach detection, investigation, and prevent recurrence.1
- Grievance Mechanism: Providing an effective and convenient redressal mechanism and appointing a designated Grievance Officer.1
- Rights of Data Principals: Individuals in India have rights including access to a summary of their personal data and processing activities, correction/update/completion of personal data, erasure of personal data, grievance redressal, and the right to nominate another person to exercise their rights in case of death or incapacity.1
- Children’s Data: The Act mandates verifiable consent for children (under 18) from parents/guardians.1 It prohibits tracking, behavioral monitoring, and targeted advertising of children without Central Government permission and imposes a duty not to process children’s data if it is likely to cause detrimental effects.1
- Cross-Border Data Transfer: The Act permits the transfer of personal data outside India, but businesses must adhere to any governmental notifications restricting transfers to specific countries.1
- Data Protection Board of India: This board will be established by the central government to monitor compliance, impose penalties, direct measures in case of breaches, and hear grievances.1
- Penalties: The Act specifies significant penalties for non-compliance, such as up to Rs 200 crore for non-fulfilment of obligations related to children and up to Rs 250 crore for failure to implement adequate security measures.2
12.2. Adherence to UAE Federal Decree-Law No. 45 of 2021 (Personal Data Protection Law – PDPL)
The UAE’s PDPL provides an integrated framework for ensuring confidentiality and protecting individual privacy.8
- Territorial Scope: The PDPL applies broadly to the processing of personal data of individuals residing in the UAE or those having a business within the UAE. It also covers Controllers or Processors located inside the UAE, irrespective of whether the personal data they process belongs to individuals inside or outside the UAE.3 This extensive scope directly covers makemybusinesslive.com’s services to UAE residents and businesses.
- Processing Controls (Article 5): The PDPL outlines specific controls for data processing:
- Processing must be fair, transparent, and lawful.3
- Personal data must be collected for a specific and clear purpose and not processed incompatibly with that purpose.3
- Data must be sufficient for and limited to the processing purpose.3
- Data must be accurate, correct, and updated as necessary.3
- Appropriate measures must be in place for the erasure or correction of incorrect data.3
- Data must be kept securely and protected from breach or unauthorized processing through appropriate technical and organizational measures.3
- Data should not be kept after fulfilling its processing purpose, unless anonymized.3
- Consent: Processing personal data without the owner’s consent is generally prohibited, with exceptions for public interest or legal procedures.4 Express consent is required prior to the use or sharing of data.3
- Data Subject Rights: The PDPL grants several rights to data subjects, including the right to receive information about their data, correction or erasure of personal data, the right to stop processing in certain situations, the right to request transfer of personal data, the right to object to data use for certain reasons, the right to withdraw consent at any time, the right to object to decisions made solely by machines (automated processing), and the right to complain to the UAE Data Office.4
- Cross-Border Data Transfer: The law sets out specific requirements for cross-border data transfer, ensuring protection even when data moves internationally.8
- UAE Data Office: This office, affiliated with the UAE Cabinet, is responsible for preparing data protection policies and legislations, monitoring standards, handling complaints, and issuing guidelines.4
12.3. Alignment with International Data Protection Principles (e.g., GDPR Core Principles)
The India DPDP Act and UAE PDPL share fundamental principles with global data protection standards like the GDPR, facilitating a harmonized approach to data protection.
- Lawfulness, Fairness, and Transparency: Personal data must be processed lawfully, fairly, and transparently. This involves having a valid legal basis for processing and clearly communicating data practices to individuals.5
- Purpose Limitation: Data must be collected for specified, explicit, and legitimate purposes and not further processed in a manner incompatible with those purposes.5
- Data Minimisation: Only collect and process personal data that is adequate, relevant, and limited to what is necessary for the stated purposes.5
- Accuracy: Personal data must be accurate and, where necessary, kept up to date.5
- Storage Limitation: Personal data should not be kept for longer than is necessary for the purposes for which it is processed.5
- Integrity and Confidentiality: Processing must ensure appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.5
- Accountability: The data fiduciary is responsible for, and must be able to demonstrate compliance with, these principles.5
A review of the DPDP Act, PDPL, and GDPR principles reveals significant overlap in core tenets: consent, purpose limitation, data minimization, security, and data subject rights.1 Where one law is more prescriptive, such as the DPDP Act on children’s data or specific security measures, adhering to that higher standard generally ensures compliance with the others. For makemybusinesslive.com, this implies developing a single, robust privacy framework that incorporates the most stringent requirements from all applicable laws. This “highest common denominator” approach simplifies compliance management, reduces legal risk, and builds stronger trust with a diverse international client base, as users from any jurisdiction will benefit from a consistently high level of data protection.
The following table summarizes key compliance obligations for makemybusinesslive.com, comparing requirements across jurisdictions and outlining actionable steps:
Obligation Area | Requirement under India DPDP Act | Requirement under UAE PDPL | General International Principle (e.g., GDPR) | Actionable Step for Makemybusinesslive.com |
Consent Management | Free, specific, informed, unconditional, unambiguous with clear affirmative action; notice before seeking consent; ability to withdraw 1 | Express consent required; processing prohibited without consent unless exceptions apply 3 | Consent must be freely given, specific, informed, and unambiguous; clear affirmative action 6 | Implement granular, opt-in consent mechanisms; provide clear pre-consent notices; maintain robust consent records. |
Data Minimization | Data limited to specified purpose 1 | Data sufficient for and limited to purpose 3 | Adequate, relevant, and limited to what is necessary 5 | Review all data collection points to ensure only essential data is collected for each specific purpose. |
Security Measures | Encryption, access controls, access logs, regular log review, data backups, retention for 1 year for breach detection 1 | Appropriate security and protection measures against unauthorized/unlawful processing, loss, destruction 3 | Integrity and Confidentiality; protection against unauthorized/unlawful processing and accidental loss 5 | Implement specified technical and organizational measures (encryption, access controls, logging, backups); conduct regular security audits. |
Breach Notification | Inform Data Protection Board of India 2 | Notify Central Bank/relevant authorities of material breaches 3 | Notify supervisory authority without undue delay; notify data subjects if high risk 5 | Develop and test a comprehensive incident response plan; ensure timely notification to relevant authorities and affected individuals. |
Grievance Mechanism | Effective and convenient redressal; appoint Grievance Officer; respond within reasonable time; escalation to Data Protection Board 1 | Accessible complaint mechanism; escalation to UAE Data Office 4 | Accessible mechanism for data subject rights; DPO contact 6 | Establish formal internal processes for handling requests; appoint a dedicated Grievance Officer; ensure timely responses and clear escalation paths. |
Children’s Data Protection | Verifiable parental consent (under 18); prohibit tracking/behavioral monitoring/targeted advertising without govt. permission; duty not to cause detrimental effects 1 | Not explicitly detailed but general consent rules apply | Parental consent for children’s data; specific protections for children online | Implement robust age verification; avoid targeting children with marketing unless strict compliance measures are met; ensure all processing is in the child’s best interest. |
Cross-Border Transfer Rules | Allowed, but abide by govt. restrictions 1 | Requirements set out for transfer 8 | Mechanisms like SCCs, BCRs; adequacy decisions 5 | Monitor government notifications for restricted countries; ensure robust legal transfer mechanisms (e.g., SCCs) are in place with international vendors. |
Data Retention | At least 1 year for breach detection; general purpose fulfillment 1 | Not kept after fulfilling purpose, unless anonymized; 5 years for financial sector 3 | Not kept longer than necessary for purposes 5 | Establish granular data retention schedules balancing legal minimums with purpose fulfillment; ensure secure deletion/anonymization. |
13. Recommendations for Ongoing Compliance
To maintain robust data protection and privacy practices, makemybusinesslive.com should implement the following ongoing compliance measures:
- Regular Policy Review: Conduct annual reviews of this Privacy Policy to ensure it remains current with evolving legal landscapes, technological advancements, and business practices.
- Internal Data Mapping and Inventory: Maintain an up-to-date record of all personal data collected, including its source, specific purpose of processing, legal basis, recipients, and defined retention periods. This ongoing inventory is critical for demonstrating accountability.
- Consent Management System: Implement and regularly audit a robust system designed to manage and record user consents. This system should provide clear audit trails for both consent acquisition and withdrawal, supporting the granular consent requirements.
- Employee Training: Provide mandatory and regular data protection training for all employees who handle personal data. This ensures that staff are aware of their responsibilities and the company’s privacy commitments.
- Data Protection Impact Assessments (DPIAs): Conduct DPIAs for new projects, technologies, or processing activities that involve high risks to data subjects’ rights and freedoms. This proactive approach helps identify and mitigate privacy risks before they materialize.
- Incident Response Plan: Develop and regularly test a comprehensive data breach incident response plan. This plan should outline clear procedures for identifying, containing, assessing, and notifying security incidents in a timely and effective manner.
- Vendor Management: Establish a rigorous vendor management program to ensure that all third-party service providers processing personal data on behalf of makemybusinesslive.com are contractually obligated to adhere to equivalent data protection standards and comply with applicable laws.
Conclusions
The development of a comprehensive Privacy Policy for makemybusinesslive.com necessitates a meticulous approach that harmonizes the distinct requirements of India’s Digital Personal Data Protection Act, 2023, the UAE’s Federal Decree-Law No. 45 of 2021, and broader international data protection principles exemplified by the GDPR. The analysis reveals that while these frameworks share core tenets such as lawfulness, fairness, transparency, purpose limitation, data minimization, and strong security, they also present specific nuances that demand careful consideration.
For makemybusinesslive.com, operating in the digital services sector (web and app development, UI/UX design, digital marketing), the extraterritorial reach of both the DPDP Act and UAE PDPL means that compliance is not limited by physical location but by the offering of services to individuals within these jurisdictions. This mandates a “highest common denominator” approach to compliance, where the most stringent requirement across any of the applicable laws becomes the operational standard. This strategy simplifies compliance management and fosters greater trust among a diverse international client base.
Key areas requiring particular attention include the implementation of granular consent mechanisms, especially given the emphasis on “clear affirmative action” and specific purposes across all laws. The broad definition of “personal data” in digital services necessitates a comprehensive categorization of all identifiable information, extending beyond traditional contact details to include project-specific data and communication logs. Furthermore, the highly prescriptive security measures detailed in the DPDP Act, such as mandatory access logs and backups, set a benchmark for makemybusinesslive.com’s security posture. The stringent provisions concerning children’s data under the DPDP Act represent a high-risk area, requiring robust age verification and careful consideration of marketing practices to avoid severe penalties. Finally, establishing a structured internal grievance redressal mechanism, beyond a simple contact form, is crucial for demonstrating accountability and effectively managing data subject rights.
By meticulously integrating these legal requirements and operational considerations into its Privacy Policy and ongoing practices, makemybusinesslive.com can not only ensure legal compliance but also cultivate a strong foundation of trust and transparency with its global clientele. The recommendations for ongoing compliance, including regular policy reviews, data mapping, and employee training, are essential for maintaining this robust data protection framework in an ever-evolving regulatory landscape.
Works cited
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