Data Disputes Mediation and Arbitration Center

  This is a Mediation and Arbitration Center managed by the Foundation of Data Protection Professionals in India , a Section 8 company (

This Center specializes in the resolution of Disputes related to Data Protection Laws.

About the Center


Draft Rules of Mediation

Draft Rules of Arbitration

List of Registered Mediators

List of Registered Arbitrators

List of Registered Counsels

Privacy Policy

Terms of Service-Disputants

Terms of Service-Neutrals





Frequently Asked Questions

(Under Construction)
No Question/Answer
1 What is the objective of this DDMAC?

Data Protection laws are being established in India and other countries and are aimed at providing protection to the Right to Privacy of the citizens of their respective countries.  At present Indian Personal Data Protection Act is expected to be notified some time in the first quarter of 2021 and would be called Personal Data Protection Act 2021. GDPR is already in place and so are the laws in several other countries.

These laws provide that the Data Subjects (Or Data Principals) shall be guaranteed certain rights which is exercisable against the Data Controller (or Data Fiduciary) failing which certain compensation may be payable. Most of these laws recognize a contractual relationship between the Data Subject and the Data Controller through the instrument called "Consent".

Additionally, the Data Controllers enter into contracts with Joint Data Controllers or Data Processors and such contracts may also contain certain remedies related to payment of financial damages.

When disputes arise in such contracts, they need to be resolved in the best interests of all the parties. The data protection laws being a new genre of laws in the world, the Jurisprudence is still under development. Hence resolving the disputes through Courts is a long winding process calling for the use of Alternative Dispute Resolution methods.

Since Data Protection laws are essentially addressing the processing of data in electronic form, the parties involved are familiar with the use of electronic means of communication including E-Mails, Mobile based messaging systems and Virtual conferencing systems.

Since FDPPI (Foundation of Data Protection Professionals) is a pioneering organization in India which works in the domain of Personal Data Protection with "Certification Programs for Skill Development", "Implementation Frameworks" such as PDPSI (Personal Data Protection Standard of India) for compliance management, it has decided to extend its service to the Data Protection Community to the field of dispute resolution through DDMAC.

2 How are DDMAC services being delivered?
  DDMAC is principally an ODR (Online Dispute Resolution) service platform to be used by Registered Mediators and Arbitrators. It works as a market place for mediation and arbitration preferably in the area of data related dispute resolution.

DDMAC is an  Internet based service and an "Intermediary" under Information Technology Act 2000.

DDMAC uses the underlying platform of Ujvala Consultants Private Limited which is its technology partner.

The Mediators and Arbitrators are the users/customers of the service along with the disputants and other participants.

Ujvala Consultants Private Limited ( is a private limited company promoted in 1994 by Naavi (Na.Vijayashankar).

DDMAC will be  administered by an "Administrator" who shall be in charge of managing the platform.

Each Registered Mediation or Arbitration account will be serviced by an assigned "Registrar" who will be responsible for the proper conduct of the operations. The Registrar will also be responsible for Section 65B certification of the session. The technology and know-how of Section 65B certification is provided by Cyber Evidence Archival Center, also a division of Ujvala Consultants Private Limited.

3 What are the Different ADR methods used by DDMAC?
  DDMAC will in principle have "Mediation" and "Arbitration". Before a dispute is committed to either Mediation or Arbitration, the DDMAC will also facilitate negotiation. DDMAC will also provide the services of an e-Ombudsman where required.
4 What is e-Ombudsman?
. DDMAC will provide organizations the facility of a knowledgeable Ombudsman whose services may be used by the organizations on a contractual basis. The ombudsman will provide his resolution to disputes that arise in the day to day activities of a Data Processing organziation which is a non binding suggestion provided in good faith based on the information made available by the disputing parties
5 What is Mediation?
  Mediation is a well established dispute resolution mechanism where the parties to the dispute agree to use the services of a Mediator, to resolve their differences and arrive at a mutually acceptable agreement which will be signed for further compliance.

The resolution will be a mutual agreement and the Mediator does not normally suggest solutions of his own.  In a "Conciliation" process, which is a modified mediation, the conciliator by consent of parties may suggest solutions and facilitate the parties to consider them and agree if found acceptable before confirming the resolution through a signed agreement.

Mediation is non binding and confidential. At any point during the mediation process the parties can call off the process.

A Mediation process may be ingrained in the contract between the parties or may be decided when a dispute arises.

The rules under which DDMAC would conduct Mediation is separately available.

6. What is Arbitration?
  Arbitration is a process of dispute resolution which is settled in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time.

The parties to an arbitration agree either in their commercial contract or later when a dispute arises on the use of Arbitration, under what law the Arbitration has to resolve the dispute, whether the arbitration will be done on the platform of DDMAC, how the Arbitrators would be appointed etc.

The Arbitration will result in the Arbitrator providing an "Award" which could be acceptable to both parties or may be not acceptable to any or both.

Though normally Arbitration is considered "Binding", in view of the provision in the Indian law that disputes are subject to "Adjudication", the Arbitration when carried out under the Indian Data Protection law will be considered as "Non Binding" or "With Recourse" and the parties if not satisfied may approach the Adjudicator as provided.

The rules under which DDMAC would conduct Mediation is separately available.

7 What is the role of FDPPI in DDMAC?
  DDMAC is a platform on which Arbitrators can register and conduct ODR.

The Technology is being provided by ODRGLOBAL.

FDPPI is the facilitator of the Mediation and Arbitration.

The responsibility for Arbitration or Mediation is completely absorbed by the Arbitrator/s.

FDPPI handles the money receipts and  disbursal acting as the escrow agent for holding the funds in trust for the parties.

All services are rendered by ODRGLOBAL as the technology and operational partner directly to the Arbitrators.

FDPPI conducts necessary training to the participants using the platform.

8 Registration of Mediators/ Arbitrators/Counsels
  The Arbitrators, Mediators and Counsels who would like to use the platform may register themselves with their profile which will be put up on the website for the information of the litigants.
9 How will the Panel of Mediators/Arbitrators composed?
  Mediation is conducted by a single Mediator.

Arbitrations are conducted by preferably 3 professionals one of whom shall be a Law graduate with at least 10 years of experience.

The technical members shall also have at least 10 years of experience with specialization in an area relevant to the resolution of the dispute.

Mediators and Arbitrators shall be appropriately trained in Arbitration Act and the relevant data protection laws to which the dispute may relate to.

The litigants will chose one arbitrator of their choice each and the chosen arbitrators themselves chose other member to make up an odd number of panelists. The responsibility for the choice of the arbitrators will be that of the disputing parties.

The arbitrators will elect one of them as the Chairperson for ease of communication during the conduct of the hearings. Otherwise all members of a panel are considered equal and the arbitration award will be authenticated by all the members.

Arbitrators shall ensue that there is no conflict as per the requirements of the Arbitration Act.

10 What will be the Procedure for conducting the Mediation and Arbitration?
  The process will commence with a "Request for Service" from one or more of the claimants indicating the contract details and the respondents along with the brief report of the dispute.

On perusal and acceptance of the proposal, a preliminary fee will be collected and notice for acceptance would be sent to the respondents.

On receipt of acceptance by the respondents, DDMAC will suggest the disputants to chose the Arbitrators from the available registered members or others.

DDMAC will then notify the potential mediators and arbitrators, obtain the details of their terms and if acceptable, will confirm the appointment to the disputants.

After receipt of the escrow amount covering the arbitrator's fees and administrative cost, DDMAC will set up an exclusive Arbitration room which may be activated for the hearings.

Every Arbitration hearing will be duly recorded and certified under Section 65B of Indian Evdience Act.

Copies of the recordings would be made available to each of the litigants and the Arbitrators.

The litigants would be free to present documents, witnesses, etc and conduct cross examination.

All sessions will be proctored for compliance of norms.

On completion of the hearings and arguments, the Panel will release the award under copy to DDMAC after which the payment of fees would be released to the Arbitrators.


What are the Rules?
  FDPPI as the platform for the Mediation or Arbitration has a set of standard rules mentioned on the website separately for the Mediation and Arbitration.

Individual Arbitrators or the Arbitral Tribunals who use the platform may have their own set of rules or adopt  the standard rules as provided.

The arbitrators who want to make changes in the standard rules need to file a "Deviation Statement" to the registrar and the registrar shall have the right to refuse changes in part or in full. If no "Deviation Statement" is filed and approved, the arbitrators are deemed to have adopted the standard rules in toto.

The disputing parties are requested to check the rules and agree before they commit their disputes to the platform.


Need for an Arbitration Clause
  Before the DDMAC accepts the request from a claimant who invokes the platform, the claimant has to produce the copy of the contract which contains the required arbitration clause which has the consent of all the parties to the dispute. Where the original contract does not have a satisfactory clause, the Registrar would suggest adoption of a modified clause as may be required before the request is accepted for further action.