Data protection 8 min readLast reviewed: September 2026

The DPDP Act, 2023: what it actually requires

The obligations the Act places on anyone who decides why and how personal data is processed — notice, consent, security, breach reporting, children's data and grievance redressal.

Who the Act applies to

Section 3 applies the Act to digital personal data processed within India, and to processing outside India where it is in connection with offering goods or services to Data Principals in India. Personal data made publicly available by the Data Principal themselves, and personal data processed for personal or domestic purposes, are outside its scope.

A Data Fiduciary is the person who alone or with others determines the purpose and means of processing (Section 2(i)). A Data Processor processes on behalf of a Data Fiduciary. A Data Principal is the individual the data relates to; for a child it includes the parent or lawful guardian.

The Digital Personal Data Protection Act, 2023 received Presidential assent on 11 August 2023. The Digital Personal Data Protection Rules, 2025 were notified on 13 November 2025 vide G.S.R. 846(E), with a corrigendum published on 16 December 2025. Several obligations are phased in over time under the Rules, so confirm the commencement date applicable to the specific provision before relying on any timeline.

Notice and consent

Under Section 5 the request for consent must be accompanied, or preceded, by a notice stating the personal data to be collected, the purpose of processing, how the Data Principal may exercise their rights, and how a complaint may be made to the Data Protection Board. The notice must be available in English or any language in the Eighth Schedule to the Constitution, at the Data Principal's option.

Section 6 requires consent to be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action, and limited to the personal data necessary for the stated purpose. Consent can be withdrawn at any time and withdrawal must be as easy as giving it. On withdrawal, the Data Fiduciary must stop processing within a reasonable time unless another law requires it to continue.

Section 7 sets out 'certain legitimate uses' where consent is not required — including where the Data Principal has voluntarily provided data for a specified purpose and has not indicated an objection, for State functions and subsidies, compliance with law or court orders, medical emergencies, epidemics, disasters and specified employment purposes.

Duties of a Data Fiduciary

  • Remain responsible for compliance even where processing is done by a Data Processor under contract (Section 8(1) and 8(2)).
  • Ensure completeness, accuracy and consistency of data used to make a decision affecting the Data Principal or disclosed to another Data Fiduciary (Section 8(3)).
  • Implement reasonable security safeguards to prevent a personal data breach (Section 8(5)).
  • Notify the Data Protection Board and each affected Data Principal of a personal data breach (Section 8(6)).
  • Erase personal data on withdrawal of consent or when the purpose is no longer being served, unless retention is required by law (Section 8(7)).
  • Publish the contact details of a Data Protection Officer or a person able to answer questions about processing (Section 8(9)).
  • Establish an effective grievance redressal mechanism (Section 8(10)).

Children and persons with disability

Section 9 requires verifiable consent of a parent or lawful guardian before processing the personal data of a child — defined as a person under eighteen — and of a person with disability who has a lawful guardian. Tracking, behavioural monitoring and targeted advertising directed at children are prohibited, and no processing may be undertaken that is likely to cause a detrimental effect on a child's well-being. The Central Government may exempt specified classes of Data Fiduciaries or purposes from parts of this section.

Significant Data Fiduciaries

Section 10 allows the Central Government to notify a Data Fiduciary or class of Data Fiduciaries as 'Significant', based on factors including the volume and sensitivity of data processed, risk to the rights of Data Principals, potential effects on India's sovereignty and integrity, risk to electoral democracy, and public order. A Significant Data Fiduciary must appoint a Data Protection Officer based in India who reports to the board or governing body, appoint an independent data auditor, and carry out periodic Data Protection Impact Assessments and audits.

Rights of the Data Principal

  • Right to a summary of personal data being processed and the processing activities, and the identities of other Data Fiduciaries with whom it has been shared (Section 11).
  • Right to correction, completion, updating and erasure (Section 12).
  • Right to a readily available means of grievance redressal, which must be exhausted before approaching the Data Protection Board (Section 13).
  • Right to nominate another individual to exercise these rights in the event of death or incapacity (Section 14).

Section 15 also places duties on the Data Principal, including not raising false or frivolous grievances and not furnishing false particulars.

Cross-border transfer

Section 16 permits transfer of personal data outside India except to countries or territories restricted by notification of the Central Government. Where another law gives a higher degree of protection or restriction on transfer for a sector, that law prevails.

Penalties

Penalties are set out in the Schedule to the Act and are imposed by the Data Protection Board after an inquiry under Section 27. The Board determines the amount having regard to the factors in Section 33(2), including the nature, gravity and duration of the breach and any mitigating action taken.

FailurePenalty may extend to
Failure to take reasonable security safeguards₹250 crore
Failure to notify a personal data breach to the Board or affected Data Principals₹200 crore
Breach of the additional obligations relating to children₹200 crore
Breach of additional obligations of a Significant Data Fiduciary₹150 crore
Breach of a Data Principal's duties₹10,000
Breach of any other provision or Rule₹50 crore

What this means in practice

  • Maintain a record of the notice text and the consent event for each Data Principal, since the Data Fiduciary carries the burden of showing that valid consent was obtained.
  • Give withdrawal of consent the same prominence as giving it.
  • Map every purpose to the data it needs, and stop collecting fields no purpose relies on.
  • Publish a working contact point for data questions and a grievance route, and staff both.
  • Write breach detection and notification into the incident-response plan, not just the policy document.

Checklist

  • A notice exists for every purpose for which personal data is collected.
  • Consent is recorded with the notice text shown at the time it was given.
  • Withdrawal of consent is as easy as giving it.
  • Each data field maps to a stated purpose; unused fields have been removed.
  • A Data Protection Officer or contact point is published and answered.
  • A grievance route exists with a stated response time.
  • Retention periods are written down and enforced, not left open-ended.
  • A breach response plan names who reports to the Board and how fast.

Practical recommendations

  • Start with a data inventory rather than a policy: you cannot write an accurate notice for data you have not listed.
  • Keep the consent record and the notice version together — the burden of proving valid consent sits with the Data Fiduciary.
  • Check the commencement position for each obligation before committing to a timeline in a public document.

Not sure how this applies to your site? Ask our lawyer for help.

Sources

  • • The Digital Personal Data Protection Act, 2023 (Act 22 of 2023) — Sections 3 to 16, 27, 33 and the Schedule

Last reviewed: September 2026. This note is general information about published Indian law as it stood on the review date. It is not legal advice and does not create a lawyer-client relationship. Provisions change, and commencement dates differ from one provision to the next, so confirm the position for your own facts before acting. For advice, ask our lawyer.

Check your own site against this

The audit reads your live pages and grades them provision by provision. See what we check against or the audit packages.

Run a free audit

Read next