What is the DPDPA?
The Digital Personal Data Protection Act, 2023 (DPDPA or DPDP Act) is India's first comprehensive law governing how digital personal data is processed. It received Presidential assent on 11 August 2023. The Digital Personal Data Protection Rules, 2025, notified on 13 November 2025, set out how the Act works in practice.
The law rests on a simple idea: individuals have a right to protect their personal data, and organisations have a legitimate need to process it. The DPDPA balances the two by requiring organisations to be clear about why they collect data, to collect only what they need, to keep it safe, to delete it when the purpose is over, and to answer to individuals and to a regulator when things go wrong.
Seven principles behind the law
Lawful, fair and transparent
Process data only on a valid ground and tell people what you are doing.
Purpose limitation
Use data only for the purpose you stated when you collected it.
Data minimisation
Collect only the data that is necessary for that purpose.
Accuracy
Keep data complete, accurate and up to date, especially when it drives decisions.
Storage limitation
Erase data once the purpose is served, unless a law requires you to keep it.
Security and accountability
Protect data with reasonable safeguards and be answerable for how it is handled.
Key terms you need to know
| Term | What it means |
|---|---|
| Personal data | Any data about an individual who is identifiable by or in relation to that data. |
| Data Principal | The individual the data relates to. For a child or a person with a disability, this includes the parent or lawful guardian. |
| Data Fiduciary | The organisation that decides why and how personal data is processed. Most obligations sit here. |
| Data Processor | An organisation that processes data on behalf of a Data Fiduciary, such as a cloud, payroll, call centre or marketing vendor. |
| Consent Manager | A Board-registered entity that lets Data Principals give, manage, review and withdraw consent through one interoperable platform. |
| Significant Data Fiduciary (SDF) | A Data Fiduciary notified by the Government because of the volume or sensitivity of data it processes. SDFs carry extra obligations. |
| Data Protection Board of India | The regulator that inquires into breaches and complaints and imposes penalties. |
Who does the DPDPA apply to?
The DPDPA applies to any organisation that processes digital personal data in India, and to organisations outside India that process data in connection with offering goods or services to people in India. Size, sector and turnover do not create an exemption.
- Personal data collected in digital form, such as apps, websites, portals, CRMs and HR systems
- Personal data collected on paper and later digitised
- Processing outside India linked to offering goods or services to Data Principals in India
- Customer, employee, candidate, vendor contact and visitor data alike
- Personal data processed by an individual for a personal or domestic purpose
- Personal data that the Data Principal has made publicly available, or that is made public under a legal obligation
- Non-digitised paper records that are never digitised
- Specific exemptions under Section 17, such as certain legal, judicial and research uses
Two grounds for processing
A Data Fiduciary can process personal data only on one of two grounds:
- Consent given by the Data Principal for a specified purpose, or
- Certain legitimate uses listed in Section 7, such as data the person voluntarily provided for a specific purpose without objecting, legal obligations, medical emergencies, disaster response, and specific employment purposes.
Legitimate uses are narrow. Marketing, profiling, analytics and sharing with partners for their own purposes will usually need consent.
"We are B2B, so the DPDPA barely applies to us." Every organisation processes employee, candidate and customer contact data. Hotels, manufacturers and distributors often hold far more personal data than they expect once guest registers, loyalty programmes, CCTV, dealer networks and HR systems are mapped.
Key dates and timeline
The DPDP Rules, 2025 bring the Act into force in three phases over 18 months. Most substantive obligations apply from 13 May 2027, which leaves limited time for organisations with many systems and vendors.
A realistic programme for a mid-sized enterprise takes 6 to 12 months: gap assessment, system inventory, data discovery, notice redesign, consent capture across every touchpoint, vendor contracts, rights workflows, breach playbooks and training. Organisations that start in 2027 will be racing the deadline.
Key obligations under the DPDPA
Most obligations fall on the Data Fiduciary. They are spread across the Act and the Rules, but group neatly into the areas below. Each area is covered in detail later in this guide.
| Obligation | What you must do | Source |
|---|---|---|
| Notice | Give a clear, standalone notice listing the data, the purpose, and how to withdraw consent, exercise rights and complain to the Board. | S.5, Rule 3 |
| Consent | Obtain free, specific, informed, unconditional and unambiguous consent by clear affirmative action, and make withdrawal as easy as giving it. | S.6 |
| Accuracy | Keep data complete, accurate and consistent when it is used for decisions or shared. | S.8(3) |
| Security safeguards | Implement reasonable security measures, including encryption, access control, logging and backups. | S.8(5), Rule 6 |
| Breach notification | Inform affected Data Principals and the Board without delay, with a detailed report within 72 hours. | S.8(6), Rule 7 |
| Retention and erasure | Erase data when the purpose is served or consent is withdrawn, and ensure processors do the same. | S.8(7), Rule 8 |
| Contact and grievances | Publish contact details of a DPO or designated person and run an effective grievance mechanism. | S.8(9), S.8(10), Rule 9 |
| Data Principal rights | Enable access to information, correction, completion, updating, erasure, grievance redressal and nomination. | S.11 to S.14, Rule 14 |
| Children and persons with disability | Obtain verifiable consent of a parent or lawful guardian. No tracking, behavioural monitoring or targeted advertising of children. | S.9, Rules 10 to 12 |
| Processors | Engage processors only under a valid contract and remain responsible for their compliance. | S.8(1), S.8(2) |
| Significant Data Fiduciaries | Appoint a DPO based in India, an independent data auditor, and run annual DPIAs and audits. | S.10, Rule 13 |
Duties of Data Principals
The DPDPA also places duties on individuals. They must not impersonate another person, suppress material information when providing data for official documents, or file false or frivolous grievances. A breach of these duties can attract a penalty of up to ₹10,000.
Penalties for non-compliance
The Data Protection Board can impose financial penalties per instance of breach, after an inquiry. When deciding the amount, the Board considers the nature, gravity and duration of the breach, the type of data affected, repetition, any gain or loss caused, and the steps taken to mitigate it.
| Breach | Maximum penalty |
|---|---|
| Failure to take reasonable security safeguards to prevent a personal data breach | ₹250 crore |
| Failure to notify the Board or affected Data Principals of a personal data breach | ₹200 crore |
| Failure to meet additional obligations for children's data | ₹200 crore |
| Failure to meet additional obligations of a Significant Data Fiduciary | ₹150 crore |
| Breach of any other provision of the Act or Rules | ₹50 crore |
| Breach of duties by a Data Principal | ₹10,000 |
Beyond penalties, the real costs are operational. A complaint triggers an inquiry that asks for evidence. Organisations that cannot show where data lives, what consent was taken, who it was shared with and how a request was handled will struggle to defend themselves, whatever their intent.
Data discovery: you cannot protect what you cannot find
Data discovery is the process of scanning your systems to find where personal data is stored, what types exist and how much of it there is. The DPDPA does not use the term, but almost every obligation depends on it.
You cannot write an accurate notice, apply retention, answer an access request, erase data or scope a breach without knowing where personal data sits. In practice, personal data spreads far beyond the core application: shared drives, email attachments, spreadsheets on laptops, log files, backups, test environments and SaaS tools all hold copies.
What good data discovery looks like
- Structured and unstructured coverage: databases as well as documents, spreadsheets, PDFs, images and email stores.
- India-specific identifiers: Aadhaar, PAN, voter ID, passport, driving licence, UPI IDs, IFSC and bank account numbers, not only generic patterns.
- Agent and agentless scanning: agentless connectors for servers and cloud, plus agents for endpoints where most shadow data lives.
- Confidence scores and custom classes: so teams can prioritise real findings and add business-specific data types.
- Scheduled rescans with drift detection: new tables and new file shares appear every week.
- Findings linked to owners and purposes: discovery is only useful once it feeds the processing record.
Atlas Data Discovery and Classification
Agent and agentless scanning across databases, file systems, cloud storage and endpoints, with confidence scoring, custom classifications and drift detection between scheduled scans. Proven on 700+ TB of data in a single engagement.
Explore Data Discovery →Privacy assessments
Assessments tell you where you stand and what to fix first. Three types matter under the DPDPA: the gap assessment, the Data Protection Impact Assessment (DPIA) and the vendor risk assessment.
Gap assessment
Compares current practices in each function against DPDPA requirements, then produces a prioritised roadmap with owners and dates. This is the right starting point for every organisation.
DPIA
Evaluates the risk a specific processing activity poses to Data Principals and the controls that reduce it. Mandatory annually for Significant Data Fiduciaries and good practice for any new high-risk processing.
Vendor risk assessment
Checks that each processor can meet the safeguards you are accountable for. Covered in detail under vendor management.
How to run an effective gap assessment
- Appoint a privacy owner with authority across functions.
- Hold a kickoff with department heads so each function knows why the assessment matters.
- Send function-specific questionnaires to IT, HR, Marketing, Sales, Customer Support, Finance, Legal and Procurement. A generic form misses what each team actually does with data.
- Validate answers with evidence and short interviews, not just self-declaration.
- Produce a gap register mapped to the obligations in the Act and Rules, with risk ratings.
- Agree a roadmap with owners and target dates against the May 2027 deadline, and get senior management approval.
Atlas Privacy Risk Assessments
Run gap assessments, DPIAs and vendor risk assessments in one module, with conditional questions, weighted risk scoring, reminders and reports. Start with a free gap assessment for one department.
Request a free gap assessment →Consent management
Consent is the primary ground for processing under the DPDPA. It is also the obligation most likely to touch every customer-facing system you run, from websites and apps to branches, call centres and dealer networks.
What valid consent looks like
Under Section 6, consent must be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action, and limited to the personal data necessary for the specified purpose. In practice:
- No pre-ticked boxes and no consent bundled into terms and conditions.
- Separate consent for each purpose beyond the core service, such as marketing or sharing with partners.
- Withdrawal must be as easy as giving consent, and must stop processing within a reasonable time, including at processors.
- The burden of proving that notice was given and consent was obtained sits with the Data Fiduciary.
The hard part: making consent work downstream
Capturing consent on a website is the easy part. The real work is ensuring every downstream system, from CRM and marketing automation to analytics and partner integrations, checks consent before processing and stops when it is withdrawn. Without this, a withdrawal on the website does nothing to the campaign that runs tomorrow.
Cookie consent
Cookies and similar trackers that collect personal data need consent too. Non-essential cookies such as analytics and marketing should be blocked until the visitor agrees, preferences should be granular by category, and every choice should be logged.
Consent Managers
From 13 November 2026, Consent Managers can register with the Board. They give Data Principals a single interoperable platform to give, manage and withdraw consent across Data Fiduciaries, and must keep consent records for at least seven years. Data Fiduciaries should be ready to accept consent through a Consent Manager where Data Principals choose to use one.
Atlas Consent Notice Lifecycle and Cookie Management
Capture purpose-level consent across web, app, branch, call centre and QR journeys. Validate consent before processing, push changes to downstream systems through webhooks and connectors, and block cookies until consent with one script tag. Tested at 250 million consent records.
Explore Consent Management →Notices
A notice tells the Data Principal what you are collecting, why, and what they can do about it. Under Section 5 and Rule 3, it must accompany or precede every request for consent.
- Be understandable on its own, separate from other information
- Give an itemised description of the personal data collected
- State the specified purpose and the goods, services or uses it enables
- Provide a link or means to withdraw consent, as easily as it was given
- Explain how to exercise rights and how to complain to the Board
- Use plain language. Avoid legal phrasing such as "including but not limited to"
- Offer the notice in English and in the 22 languages of the Eighth Schedule
- Layer it: a short summary at the touchpoint, with the full notice one click away
- Version every notice so you can prove which one a person saw
- Design for mobile screens and low-bandwidth connections
Existing customers and employees
Where consent was given before the DPDPA commenced, the Data Fiduciary must give a notice to those Data Principals as soon as reasonably practicable. For organisations with millions of legacy records, this is a campaign in its own right, sent through SMS, email or WhatsApp, with responses captured and logged.
Hidden reject buttons, confusing toggles, pre-selected options and nagging prompts undermine the "free" and "unambiguous" tests for consent. A notice that is designed to steer people into agreeing is a compliance risk, not a conversion tactic.
Processing activities and the Record of Processing Activities (RoPA)
The DPDPA does not use the term RoPA. It does, however, give Data Principals the right under Section 11 to obtain a summary of the personal data processed, the processing activities undertaken, and the identities of every Data Fiduciary and Data Processor with whom their data was shared. You can only answer that question if you keep a record.
A RoPA is the register that links each processing activity to the systems involved, the data categories, the purpose, the legal ground, the recipients, the retention period and the safeguards applied. It is the backbone that connects discovery, consent, rights and retention.
What a good RoPA entry captures
| Field | Example |
|---|---|
| Processing activity | Sending order updates to customers |
| Business owner | Head of Customer Experience |
| Systems involved | Order management system, SMS gateway |
| Data categories | Name, mobile number, order ID |
| Purpose and legal ground | Order fulfilment · Voluntarily provided for a specified purpose |
| Shared with | SMS vendor (Data Processor) |
| Retention | Until the purpose is served, subject to the one-year minimum for logs |
| Safeguards | Masked mobile numbers in logs, encryption in transit |
A spreadsheet RoPA goes out of date the week it is finished. The stronger approach is to record processing events as they happen, keyed to the Data Principal, so that an access request can be answered with real evidence rather than a template paragraph.
Atlas Processing Activities (RoPA)
Map systems to data, purposes and recipients, and record processing events through 750+ connectors, including Salesforce, SAP and Darwinbox. Surface orphaned data and purposes that support minimisation, and maintain cross-border transfer records.
Explore RoPA →Data Principal requests
The DPDPA gives every Data Principal a set of rights. Data Fiduciaries must publish how to exercise them, identify the requester, and respond within the period they publish, which cannot exceed 90 days under the Rules.
Access to information
A summary of the data processed, the processing activities and everyone it was shared with. (S.11)
Correction and updating
Correct inaccurate data, complete incomplete data and update what has changed. (S.12)
Erasure
Erase data no longer needed for the purpose, unless a law requires it to be kept. (S.12)
Grievance redressal
A readily available means to raise a grievance with the Data Fiduciary. (S.13)
Nomination
Nominate someone to exercise rights in the event of death or incapacity. (S.14)
Withdraw consent
Withdraw consent at any time, with processing stopping within a reasonable time. (S.6)
Atlas Privacy Portal and Requests Workflow
A branded self-service portal, standalone or embedded in your website and app, where Data Principals manage consent and raise requests. Requests are routed, tracked against SLA and fulfilled using RoPA entries keyed to the customer ID, with optional masking in response packages.
Explore the Privacy Portal →Grievances
Section 13 requires every Data Fiduciary to provide a readily available means of grievance redressal. A Data Principal must exhaust this route before approaching the Data Protection Board, so your grievance process is the first line of defence against regulatory complaints.
- Publish contact details of your Data Protection Officer or a designated person who can answer questions about processing, prominently on your website and app, and in every response.
- Publish your response period and respond within it. The Rules cap it at 90 days. Aim much shorter.
- Track every grievance from receipt to closure with timestamps, owners and resolution notes.
- Analyse root causes. Repeated grievances about the same journey point to a broken notice, a consent flow or a vendor.
- Escalate unresolved or sensitive grievances to the DPO and legal team before deadlines are missed.
A grievance answered well in days rarely becomes a complaint to the Board. A grievance that sits unanswered for 90 days becomes evidence that your compliance programme does not work in practice.
Security safeguards
Failure to take reasonable security safeguards carries the highest penalty under the DPDPA: up to ₹250 crore. Rule 6 sets out the minimum measures every Data Fiduciary must implement, including for data processed by its processors.
Rule 6 minimum safeguards
- Encryption, obfuscation, masking or virtual tokens
- Access control on computer resources
- Logs, monitoring and review to detect unauthorised access
- Backups and business continuity to preserve data
- Logs and related data retained for at least one year
- Security clauses in contracts with processors
- Technical and organisational measures to make these effective
What auditors will ask for
- Where personal data is stored and how it is encrypted
- Who has access, and how access is reviewed
- Access logs for the last 12 months
- Backup and restore test records
- Processor contracts and their security clauses
- Results of recent VAPT or security audits
- Evidence of staff training
Certifications such as ISO 27001 are not mandatory under the DPDPA, but they provide a strong, recognised framework for demonstrating reasonable security.
Breach management
A personal data breach is any unauthorised processing, accidental disclosure, acquisition, sharing, use, alteration, destruction or loss of access to personal data that compromises its confidentiality, integrity or availability. Under Rule 7, the clock starts when you become aware of it.
Building breach readiness
- Write a breach response plan with roles, decision rights, contact lists and templates for the Board and for Data Principals.
- Connect it to your security operations so incidents involving personal data are flagged immediately, not after an IT investigation closes.
- Use your data map to work out quickly which people and which data categories are affected.
- Require processors to notify you promptly in their contracts, because their breach is your breach.
- Align with CERT-In reporting, which runs in parallel for cyber incidents.
- Run tabletop exercises at least once a year and fix what they reveal.
Atlas Breach Management
Log incidents, assess impact using your data map, track the 72-hour clock, prepare Board and Data Principal notifications, and keep a complete record of every decision and action.
Explore Breach Management →Children's data
Under the DPDPA, a child is anyone under 18. That is a higher age than many global laws, so many services that assumed they had no child users will need to look again.
- Obtain verifiable consent of a parent or lawful guardian before processing a child's data
- Do not process data in a way likely to cause any detrimental effect on a child's well-being
- Do not undertake tracking, behavioural monitoring or targeted advertising directed at children
- Apply the same verifiable consent requirement to lawful guardians of persons with disability
- Confirm that the person giving consent is an identifiable adult
- Use reliable identity and age details already held, or details provided voluntarily
- Or use a virtual token issued by an authorised entity, such as a DigiLocker-based service
- Certain classes, such as healthcare, educational and childcare providers, have limited exemptions for specific purposes
Children's data obligations carry penalties of up to ₹200 crore. Platforms with large youth audiences, such as social media, gaming, edtech and streaming services, should treat age assurance and parental consent as a product design problem, not just a legal one.
Atlas Parental Consent and Age Verification
Verify that the consenting parent is an adult using Aadhaar-based verification and a parent-to-child date of birth cross-check, then enforce children's processing restrictions through consent validation once records are flagged.
Explore Parental Consent →Data retention
The DPDPA does not set a single retention period. Section 8(7) requires you to erase personal data once the Data Principal withdraws consent or the specified purpose is no longer being served, whichever is earlier, unless a law requires you to keep it.
What the Rules add
- One-year minimum: all Data Fiduciaries must retain personal data, associated traffic data and processing logs for at least one year from processing, for purposes listed in the Seventh Schedule, such as investigations.
- Three-year inactivity rule: large e-commerce entities and social media intermediaries (two crore or more registered users in India) and online gaming intermediaries (fifty lakh or more) must treat the purpose as served once a user has not engaged for three years, and erase the data.
- 48-hour warning: those entities must tell the user at least 48 hours before erasure that the data will be deleted unless they log in or otherwise engage.
Building a retention programme
- Build a retention schedule per data category and purpose, citing the legal basis for each period, such as tax, RBI, SEBI or IRDAI requirements.
- Identify legal holds that pause erasure.
- Automate erasure triggers in each source system, including backups and archives where practical.
- Instruct processors to erase in parallel, and obtain confirmation.
- Log every erasure as evidence.
Retention through Atlas
Define retention policies per purpose in Atlas and trigger erasure in your systems through API and webhook integration, with every request and confirmation logged as evidence.
Vendor management
Under Section 8, the Data Fiduciary remains responsible for compliance even when a Data Processor does the processing. Your payroll provider, cloud host, call centre, marketing agency and SMS gateway are all part of your DPDPA perimeter.
What every processor contract should cover
- Processing only on documented instructions and only for the agreed purpose
- Rule 6 security safeguards, including encryption, access control and log retention
- Prompt breach notification to you, with the detail you need for your own 72-hour report
- Support for Data Principal requests, including correction and erasure
- Erasure or return of data at the end of the engagement or when consent is withdrawn
- Sub-processor approval and flow-down of the same obligations
- Audit rights and evidence on request
Atlas Vendor Risk Assessments
Send questionnaires to vendors in bulk, score their responses, track agreements and certificate expiry dates with automatic reminders, and revoke a vendor's Atlas API or webhook access when processing rights end.
Explore Vendor Risk →Cross-border data transfers
The DPDPA takes a permissive approach. Personal data can be transferred outside India unless the Government restricts transfers to a particular country by notification.
- Transfers must still meet any requirements the Government sets under the Rules, including conditions on making data available to foreign states.
- Sector rules that are stricter still apply. RBI payment data localisation, for example, continues alongside the DPDPA.
- Significant Data Fiduciaries may be required to keep specified categories of personal data within India, based on the recommendations of a Government committee.
- Record every cross-border flow in your RoPA, including the destination country, the recipient and the safeguards.
Significant Data Fiduciaries
The Government can notify any Data Fiduciary, or class of Data Fiduciaries, as a Significant Data Fiduciary based on the volume and sensitivity of data processed, the risk to Data Principals, and wider impacts on sovereignty, security and public order. Large banks, insurers, telecoms, platforms and healthcare providers should prepare on the assumption that they will qualify.
Additional obligations (S.10, Rule 13)
- Appoint a Data Protection Officer based in India, answerable to the board
- Appoint an independent data auditor
- Conduct a DPIA and an audit every 12 months, and report findings to the Board
- Verify that algorithmic software does not pose a risk to Data Principals' rights
- Keep specified data within India where required
Getting ready
- Identify who would serve as DPO and how they report to the board
- Shortlist independent auditors early, as demand will spike
- Build a repeatable DPIA process for new and existing processing
- Inventory AI and automated decision systems that use personal data
- Keep evidence in a form an auditor can review
Audit evidence
Compliance that cannot be proven does not count. Section 6(10) puts the burden of proving that notice was given and consent was obtained squarely on the Data Fiduciary. The same logic applies when the Board inquires into a complaint or a breach.
Your evidence pack should include
- Approved privacy policies and procedures
- Gap assessment and remediation roadmap
- Data inventory and discovery reports
- RoPA with owners, purposes and recipients
- Every notice version and where it was used
- Consent records with timestamps and versions
- Request and grievance logs with response times
- Breach register and notifications sent
- Vendor assessments and signed DPAs
- DPIAs, audit reports and training records
Audit-ready by design
Every action in Atlas, including those by users, systems and service accounts, is written to immutable, hashed audit logs with maker-checker approvals and role-based access. Built-in reports form an evidence pack for auditors and the Board.
DPDPA compliance checklist
Use this checklist to track your progress. Tick items as you complete them. Your progress is saved in this browser only.
Govern Ownership and governance
Discover Know your data
Notify and consent Notice and consent
Rights Requests and grievances
Secure Security and breach
Special data Children and persons with disability
Vendors Processors and transfers
Prove Retention, training and evidence
How Atlas Privacy Manager helps
Atlas Privacy Manager covers the entire DPDPA journey in one platform, from the first gap assessment to everyday consent, rights and breach operations. Each module maps directly to the obligations in this guide.
Privacy Risk Assessments
Gap assessments, DPIAs and vendor risk assessments with scoring and reports.
Data Discovery and Classification
Agent and agentless scanning with confidence scores and drift detection.
Consent Notice Lifecycle
Multilingual notices and purpose-level consent across every channel.
Privacy Portal
Self-service consent, requests and grievances, standalone or embedded.
Cookie Banner and Management
Auto-detected cookies, blocking until consent, preferences and logs.
Processing Activities (RoPA)
Live processing records through 750+ connectors.
Requests and Grievances Workflow
Routing, SLA tracking and fulfilment with evidence.
Breach Management
Incident logging, impact assessment and 72-hour notification tracking.
Design Studio and Governance
Templates, branding, maker-checker, RBAC and immutable audit logs.
Deployed your way
On-premises
Runs entirely inside your data centre, for organisations that need full control.
Your cloud
Deployed in your own AWS or Azure account, fully in your control.
Managed SaaS
Hosted and operated by FRS Labs, for the fastest route to compliance.
Atlas Privacy Manager is built by FRS Labs, an ISO 27001 and ISO 9001 certified company that has served more than 250 enterprises across banking, insurance, telecom and government since 2010. Licensing is a simple annual subscription, sized to your needs.
Start with a free gap assessment
We will assess one department of your choice against the DPDPA and give you a prioritised roadmap. No obligation. Or see the full platform in a 30-minute demo.
Frequently asked questions
When does the DPDPA come fully into force?
The DPDP Rules 2025 were notified on 13 November 2025. Provisions on the Data Protection Board applied immediately, Consent Manager registration applies from 13 November 2026, and the main obligations on notice, consent, rights, security, breach reporting, children's data and retention apply from 13 May 2027.
Does the DPDPA apply to companies outside India?
Yes. The Act applies to processing outside India if it is connected to offering goods or services to Data Principals in India.
Does the DPDPA apply to employee data?
Yes. Employee and candidate data is digital personal data. Some employment processing can rely on legitimate use rather than consent, but notice, security, retention, rights and breach obligations still apply.
What is the penalty for non-compliance with the DPDPA?
Penalties go up to ₹250 crore for failing to take reasonable security safeguards, up to ₹200 crore each for failing to notify a breach or meet children's data obligations, up to ₹150 crore for Significant Data Fiduciary obligations and up to ₹50 crore for other breaches of the Act.
How quickly must a data breach be reported under the DPDP Rules?
The Data Fiduciary must inform affected Data Principals and the Data Protection Board without delay, and send the Board a detailed report within 72 hours of becoming aware of the breach, unless the Board allows more time.
How long do we have to respond to a Data Principal request or grievance?
The DPDP Rules require Data Fiduciaries to publish their response period and respond within a reasonable period not exceeding 90 days.
Do we need a Record of Processing Activities (RoPA) under the DPDPA?
The Act does not use the term RoPA, but Section 11 lets a Data Principal ask for a summary of how their data was processed and with whom it was shared. You can only answer reliably if you keep a record of processing activities.
Who counts as a child under the DPDPA?
Anyone under 18. Processing a child's personal data needs verifiable consent from a parent or lawful guardian, and tracking, behavioural monitoring and targeted advertising directed at children are prohibited.
This guide is for general information about the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025 as of November 2026. It is not legal advice. Please consult qualified legal counsel for advice on your specific circumstances.