We have already discussed the status of Business Contact Address under DPDPA 2023 earlier and categorically held the view that
a) We cannot determine the nature of an email as personal or business with reference to the domain name attached to the email address. Accordingly Vijay@ujvala.com can be a personal email while Vijay@gmail.com can be a business email depending on the choice of “Vijay”.
b) We need to collect the choice of the data principal himself while collecting the email as to whether it is personal or business email.
c)By default and in the absence of information to the contrary, name@companyname.com can be considered a business contact address while name@gmail.com can be considered as a personal address while Designation@companyname.com can be considered as non-personal data.
The recognition of “Business Contact Data” being different from personal data is seen from DPDPA 2023 requiring the publication of business contact address of the Compliance official/DPO under Section 8 of DPDPA 2023 and Rule 9 of the DPDPA Rules.
Naavi
Reference articles:
