Skip to main content

India DPDP Act

The Digital Personal Data Protection Act, 2023 (DPDP Act) is India's data protection law. The DPDP Rules, 2025 fill in the details and switch the Act on in phases. Most duties are not in force yet as of October 2026, but they arrive in May 2027, and building for them takes longer than that. Everything here is as of October 2026.

Official text:

How it works​

Some sources count the dates from 14 November. MeitY consulted in early 2026 on shortening the 18-month window to 12 months; we found no notification of that change. Verify the current dates before relying on them.

Key terms​

DPDP termPlain meaningClosest GDPR term
Data PrincipalThe person the data is about. For a child, includes the parentData subject
Data FiduciaryDecides why and how data is processedController
Data ProcessorProcesses on behalf of a fiduciaryProcessor
Significant Data Fiduciary (SDF)A fiduciary the government names for volume, sensitivity or riskNo direct equivalent
Consent ManagerA registered company that lets people give, manage and withdraw consent across fiduciariesNo equivalent
Data Protection Board of IndiaThe regulator that hears complaints and imposes penaltiesSupervisory authority
Legitimate usesA short, closed list of cases where no consent is neededSome lawful bases, but much narrower

The Act applies to digital personal data processed in India, and to processing outside India connected with offering goods or services to people in India (s.3).

What engineers must know​

TopicWhat it saysWhat it means for usWhere
GroundsProcess only with consent or for a listed legitimate useNo "legitimate interests". Most product features need consent or must be strictly necessary for a service the person asked fors.4, s.7
NoticeBefore or with the consent request: itemised data, the purpose, how to withdraw, how to use rights, how to complain to the BoardAn itemised, plain notice per purpose; available in English or a language of the Eighth Schedule of the Constitutions.5, Rule 3
ConsentFree, specific, informed, unconditional, unambiguous, by clear affirmative action, limited to necessary dataNo bundling; unticked boxes; one purpose per choices.6(1)
WithdrawalAs easy as giving consent; processing then stops within a reasonable timeOne switch in Settings; signed links for people with no accounts.6(4)-(6)
Consent managersPeople may use a registered consent manager. Must be an Indian company with net worth of at least INR 2 crorePlan an integration point; registration opens about November 2026s.6(7)-(9), Rule 4, First Schedule
SecurityReasonable security safeguards, including encryption or masking, access control, logs, and keeping logs for at least one yearLogging and retention of logs is now a legal dutys.8(5), Rule 6
BreachTell the Board and each affected personSee Breach responses.8(6), Rule 7
ErasureErase when consent is withdrawn or the purpose is served, unless a law needs it keptRetention rules plus purge jobss.8(7)
Retention for large platformsE-commerce (2 crore+ users in India), online gaming (50 lakh+) and social media (2 crore+) must erase 3 years after last use, with a 48-hour warning before erasureDormant-account jobs with a warning emailRule 8, Third Schedule
Contact and grievancesPublish who answers privacy questions; run a grievance mechanismA privacy contact and a published response periods.8(9)-(10), Rule 9, Rule 14
ChildrenUnder 18 is a child. Verifiable parental consent; no tracking, behavioural monitoring or targeted ads directed at childrenSee Children's datas.9, Rule 10
SDF dutiesDPO based in India, independent data auditor, DPIA and audit every 12 months, algorithm due diligence; named data may have to stay in IndiaApplies only if named; know if you ares.10, Rule 13
RightsAccess a summary of data and who it was shared with; correction, completion, updating and erasure; grievance redressal; nominate someoneNo portability right as such; build export anyway for GDPRs.11-14
Rights deadlineRule 14 says the grievance response period must not exceed 90 daysA 30-day target meets itRule 14
Transfers abroadAllowed except to countries the government restricts, and subject to any conditions it setsWatch for a restricted lists.16, Rule 15
Duties of peoplePeople must not give false details or file frivolous complaintss.15

Penalties​

FailureUp to
Reasonable security safeguardsINR 250 crore
Breach notification to Board or peopleINR 200 crore
Children's obligationsINR 200 crore
SDF obligationsINR 150 crore
Anything else in the Act or RulesINR 50 crore
A data principal breaking their dutiesINR 10,000

Source: the Schedule to the Act.

The Data Protection Board​

The Board exists in law from 13 November 2025. MeitY invited applications for a Chairperson and Members in May 2026. As of October 2026 we could not confirm that members were appointed or that the Board has a working website. Verify before relying on this.

Rules​

Rule

Do not use "legitimate interests" for Indian users. DPDP has no such ground. If a feature is not strictly necessary for what the person asked for, and not on the legitimate-uses list, it needs consent.

Rule

Build for May 2027 now. Notice, consent, withdrawal, breach reporting, log retention and children's rules all start together, and each one is a product change, not a policy edit.

Mistakes we made​

  • Bundled consent on a public form. One tick covered the terms, the processing the person asked for, and marketing. DPDP calls consent for unnecessary processing not free. Split it: one mandatory tick for the service, one optional tick for marketing. See Marketing and email.
  • Withdrawal harder than the grant. Leads gave consent with one click on a public page, but withdrawing meant emailing and proving identity. The fix was a signed withdrawal link, issued at submit time, that never expires.
  • Uploads before consent. The form uploaded photos and documents to storage before the consent tick was submitted, and abandoned uploads were kept forever. Gate the upload, or expire unclaimed uploads within a day.
  • A missing grievance contact. A new privacy policy version accidentally dropped the shared section with the grievance contact, retention and rights. DPDP needs these. See Staying current for the versioning check that catches it.

Checklist​

  • Each purpose has consent or a named legitimate use. No legitimate interests.
  • Itemised notice per purpose, in the user's language where needed.
  • Withdrawal is one action, for people with and without accounts.
  • Security logs kept at least one year.
  • Breach runbook includes the Board and per-person notices.
  • Under-18 rules decided; no tracking or targeted ads to children.
  • Privacy contact and grievance period published.
  • Dormant-account erasure with 48-hour warning, if you are a large platform.
  • Consent manager integration on the roadmap.