Sections 19-21 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 19, 20 and 21 tell you who runs the Data Protection Board, for how long and on what conditions. The Board has a Chairperson and as many Members as the Central Government notifies; each must be a person of ability, integrity and standing with listed expertise, at least one being a law expert; the term is two years with eligibility for re-appointment; and five grounds disqualify. For questions on how this affects disputes before the Board, speak to our legal consultation team.
The Chairperson and Members are appointed by the Central Government in the manner prescribed, from people with special knowledge or practical experience in fields such as data governance, dispute resolution, ICT, law and regulation, and at least one is a law expert. Each holds office for two years and may be re-appointed. Terms of service cannot be varied to their disadvantage after appointment. Five grounds disqualify, and removal requires an opportunity of being heard.
At a glance
| Section | Subject | Key content |
|---|---|---|
| 19(1) | Size | Chairperson and such number of other Members as the Government notifies |
| 19(2) | Appointment | By the Central Government, in the manner prescribed |
| 19(3) | Qualifications | Ability, integrity and standing; special knowledge or practical experience in listed fields; at least one expert in law |
| 20(1) | Pay and conditions | As prescribed; not to be varied to disadvantage after appointment |
| 20(2) | Term | Two years; eligible for re-appointment |
| 21(1) | Disqualification | Five grounds |
| 21(2) | Removal | Not without an opportunity of being heard |
Section 19: who sits on the Board
Size. The Act does not fix a number. Section 19(1) says the Board consists of "a Chairperson and such number of other Members as the Central Government may notify".
Appointment. Section 19(2): the Central Government appoints them "in such manner as may be prescribed". Section 40(2)(r) lists the manner of appointment as a matter for rules. This article states no detail from the DPDP Rules, 2025; check them.
Qualifications. Section 19(3) requires "a person of ability, integrity and standing who possesses special knowledge or practical experience in the fields of":
- data governance;
- administration or implementation of laws related to social or consumer protection;
- dispute resolution;
- information and communication technology;
- digital economy;
- law, regulation or techno-regulation; or
- any other field which in the opinion of the Central Government may be useful to the Board.
And "at least one among them shall be an expert in the field of law". The final catch-all gives the Government wide room. The Act does not require any Member to have technical or accounting training, nor to be a retired judge.
Section 20: terms and conditions
- Salary and allowances: "such as may be prescribed", and "shall not be varied to their disadvantage after their appointment" (section 20(1)). Section 40(2)(s) lists them for rules.
- Term: "two years", and "eligible for re-appointment" (section 20(2)). The Act sets no limit on the number of re-appointments and no age ceiling.
The protection against disadvantageous variation gives Members some security of service. The short, renewable term, with re-appointment at the Government's hands, is something readers should weigh when they consider how independent the Board is in practice; section 28(1) itself says it "shall function as an independent body".
Section 21: disqualification and removal
Under section 21(1), a person is "disqualified for being appointed and continued" as Chairperson or Member if she:
| Clause | Ground |
|---|---|
| (a) | has been adjudged as an insolvent |
| (b) | has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude |
| (c) | has become physically or mentally incapable of acting as a Member |
| (d) | has acquired such financial or other interest as is likely to affect prejudicially her functions as a Member |
| (e) | has so abused her position as to render her continuance in office prejudicial to the public interest |
Notes.
- The same grounds apply to appointment and to continuing in office.
- Clause (b) depends on the Central Government's opinion of moral turpitude; the Act does not define it.
- Clause (d) is the conflict-of-interest ground. It covers "financial or other interest", not only shares.
- Section 21(2): the Chairperson or a Member "shall not be removed from her office by the Central Government unless she has been given an opportunity of being heard in the matter."
The Act does not say who decides that a ground under clause (c), (d) or (e) exists, nor what procedure governs the hearing. It also does not say whether a ground like clause (a) operates automatically on the person ceasing to qualify. That is a matter for the Rules or for the facts.
How this connects to later sections
- Resignation and vacancies are in section 22, including the three-month notice and a one-year restriction on post-tenure employment. See sections 22 to 26.
- Validity of Board acts: section 23(2) says no act or proceeding is invalid merely because of a vacancy or a defect in the Board's constitution or the appointment of a Member.
- Public servants: section 25 deems the Chairperson and Members public servants within section 21 of the Indian Penal Code when acting in pursuance of the Act. The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita from 1 July 2024; the Act's text is unchanged.
- Good-faith protection: section 35.
Why a business should care
- Challenges to a Board order. The Act protects orders from invalidity for defects in constitution (section 23(2)) so a company should not plan to rely on a technical flaw in appointment. Its appeal route is to the Appellate Tribunal (section 29).
- Conflicts. If a Member holds an interest in a fiduciary before her, clause (d) is the relevant ground. Raise it early, in the inquiry.
- Expertise. Board reasoning will draw on law, regulation and technology. Present submissions in those terms.
Example
A company is called before a Board panel. It learns that a Member holds a financial interest in a competitor. The company may bring this to the Board's notice as a concern under section 21(1)(d); the Central Government may remove the Member only after hearing her (section 21(2)).
What these sections do not say
- They do not fix the number of Members, or a minimum.
- They do not specify a retirement age or maximum tenure.
- They do not prescribe the selection committee or process.
- They do not say whether Members may work part-time.
Need help with proceedings before the Board?
Knowing who decides, and how to raise objections on conflict or jurisdiction, is part of preparing a good response. Our legal consultation team can help you plan your approach to the Board and the record you should keep.
Key takeaways
- The Board has a Chairperson and Members in the number the Government notifies.
- Qualifications are ability, integrity, standing and listed expertise; one Member must be a law expert.
- Term is two years, re-appointment allowed; conditions cannot be varied to disadvantage.
- Five disqualifications apply to appointment and continuance.
- Removal needs an opportunity of being heard.
Read next
- Section 18: establishment of the Data Protection Board of India
- Sections 22 to 26: members, officers and Chairperson
- Data Protection Board of India: section 18 overview
- Section 27 of the DPDP Act, 2023: powers and functions of the Board
Disclaimer: Based on the Digital Personal Data Protection Act, 2023 (official text as enacted, No. 22 of 2023) as on 30 September 2026. The DPDP Rules, 2025 were notified in November 2025 and different provisions commence on different dates; this article does not state rule-level detail. Verify the current position in the Rules and the commencement notifications before acting.