Section 32 Voluntary undertaking
32. (1) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 may accept a voluntary undertaking in respect of any matter related to observance of the provisions of this Act from any personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses at any stage of a proceedingDefined in section 2(w): proceeding means any action taken by the Board under the provisions of this Act 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 BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18, or refrain from taking such action, and or publicising such undertaking.
(3) The BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 may, after accepting the voluntary undertaking and with the consent of the personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses who gave the voluntary undertaking vary the terms included in the voluntary undertaking.
(4) The acceptance of the voluntary undertaking by the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 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 personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses fails to adhere to any term of the voluntary undertaking accepted by the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18, such breach shall be deemed to be breach of the provisions of this Act and the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 may, after giving such personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses an opportunity of being heard, proceed in accordance with the provisions of section 33.