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TechnologyAct No. 22 of 2023In Force

The Digital Personal Data Protection Act, 2023

India's dedicated data protection legislation, providing for the processing of digital personal data in a manner that recognises the right of individuals to protect their personal data while also enabling lawful processing. The Act creates the Data Protection Board of India, permits processing on the basis of consent or specified legitimate uses, and sets penalties of up to ₹250 crore per instance for failure to take reasonable security safeguards. The DPDP Rules, 2025, notified in November 2025, bring it into force in phases: the Board provisions on notification, consent-manager registration after 12 months, and the core Data Fiduciary obligations after 18 months.

Sections
44
Ministry
Ministry of Electronics and Information Technology

Key Provisions

→Rights of data principals: access, correction, erasure, grievance redressal, and nomination
→Obligations of data fiduciaries: consent notice, purpose limitation, data minimisation
→Legitimate uses without consent (s.7): employment, State functions, medical emergencies, legal compliance
→Significant data fiduciary: additional obligations — India-based DPO, independent data auditor, periodic DPIA and audit
→Cross-border data transfer — permitted except to countries restricted by Central Government notification (s.16)
→Data Protection Board of India: adjudicatory body for complaints
→Penalties: up to ₹250 crore for failure to take reasonable security safeguards; up to ₹200 crore for failure to notify a breach
→Exemptions: journalistic, research, and government processing

Related Practice Areas

data-privacytechnology-media-telecomregulatory-compliancecorporate-advisory
DPDP Actdata protectionpersonal dataconsentdata fiduciaryData Protection Boardprivacydata privacy

Section-by-Section Reference

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Indian government legislation is in the public domain under S.52(1)(q) of the Copyright Act, 1957. This reference is for educational purposes. Laws are amended frequently — verify the current text on the e-Gazette of India before relying on it for legal proceedings.