Data Disputes Mediation and Arbitration Center (DDMAC)
Recognizing the need of the Data Protection Industry in India to have a structured grievance redressal through Mediation and Arbitration, FDPPI is in the process of setting up a Data Disputes and Arbitration Center (DDMAC).
DDMAC endeavors to resolve disputes between Data Principals with Data Fiduciaries or Consent Managers, as well as between the Data Fiduciaries or Data Processors or Data Processing Sub contractors or Consent Managers as organizations.
DDMAC will function firstly as a “Mediation Center” and later develop a “With Recourse Arbitration” without prejudice to the Adjudication system that may be available under ITA 2000 and/or Personal Data Protection Act of India.
DDMAC will follow the Indian Arbitration Act 1996 as amended upto date and resolutions will be as per applicable law in India. The seat of arbitration will be deemed to be India and will use the online platform of www.odrglobal.in
Initially, the Center would be serviced by experts in Data Protection Law as both Arbitrators and Counsels. The qualification criteria for acting as Arbitrators would follow the recommendations of Indian Arbitration Act as amended in 2019. Only registered “Supporting Members of FDPPI” will be eligible for providing the service.
All members opting to be accredited to FDPPI’s DDMAC will mandatorily undergo a program on “Certification in ODR under Indian Arbitration Act ” conducted by Cyber Law College, a training partner of FDPPI.
More details will be provided in due course.