Section 2(o) · Video explainer

Why The Act Defines "Gain"

The Act defines *gain* and *loss* — they set the Board's penalty calculus later

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Summary

The Act stops to define gain and loss.

The Act defines *gain* and *loss* — they set the Board's penalty calculus later

Full transcript

The Act stops to define gain and loss.

That is not housekeeping.

Section 33 sets how a penalty is decided.

One factor: did the breach make money?

Pause. Why would that change a fine?

Because breaking the rules must not pay.

Gain covers property, services, opportunity.

Loss mirrors it, almost word for word.

Even a temporary interruption is in.

So the Board can weigh what it earned.

s.2(o), s.2(p), read with s.33(2)(d) — Digital Personal Data Protection Act, 2023 + Rules, 2025
The definition is already in force · ⏳ the duty itself: In force from 13 May 2027

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