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Key Highlights for DPDPA Act Rules

Author by: Pooja Rawat
Dec 12, 2025 512

India’s new DPDP Rules 2025 (the implementing guidelines for the DPDP Act 2023) mark a major leap in digital privacy. With over a billion online users and the rapid rise of AI, heavyweights like Meta, Google, and OpenAI must now “minimize collection” and give citizens control over their data. These consent-driven, security-first regulations essentially operationalize the Act, embedding global best practices (GDPR-style transparency) into India’s laws. In short, businesses face a privacy revolution: clear notices, user-centric consent platforms, strict breach protocols, limited retention, and hefty new duties for big data handlers. Early adopters stand to boost user trust and avoid penalties, turning compliance into a competitive edge.

Key Highlights for DPDPA Act Rules

Behind the scenes, India has also empowered a new regulator, the Data Protection Board of India (DPBI), as a digital-first watchdog. The DPBI will monitor compliance, impose penalties, guide breach response, and handle grievances and appeals (ultimately to the Telecom Disputes Tribunal). In effect, India now sits alongside the EU’s GDPR and China’s PIPL as a jurisdiction with a dedicated data authority and strict oversight.

Key Highlights of DPDPA Act Rules 2025

1. Consent and Notice

  • Data Fiduciaries must provide a clear, standalone notice to Data Principals (individuals) about what personal data is collected, why (purpose), how it will be used, and how one may withdraw consent.
  • Consent must be informed, specific, and unambiguous. Withdrawing consent must be as easy as giving it.
  • A new role, Consent Manager, is introduced. These are entities that manage consent flows (give, track, review, withdraw) and must register with the regulator, meet governance and security standards.

2. Data Fiduciary Obligations and Data Security

  • Data Fiduciaries must adopt “reasonable security safeguards”: e.g., encryption/masking/tokenisation of personal data, access controls, audit logs of data access, regular review of logs, business continuity, and data backup.
  • Minimum requirement: maintain access/usage logs for at least one year.
  • Data collection must respect the data minimisation principle: only collect what is necessary for the specified purpose(s).

3. User Rights (Data Principals)

  • Individuals have the right to access their personal data held by fiduciaries, correct/update inaccuracies, and erase data in certain situations.
  • Data Principals may also appoint a nominee or authorised person to exercise their data rights on their behalf (e.g., in case of incapacity) under certain conditions.

4. Retention, Erasure, and Data Lifecycle

  • The Rules set limits on how long data may be kept: when the “specified purpose” is no longer being served, or after a defined period of inactivity, data must be treated accordingly.
  • The final Rules clarify phased implementation and retention windows: key operational obligations (notice, security, breach reporting, children’s data, retention, SDF obligations) kick in over 18 months from notification, giving fiduciaries time to prepare.

5. Special Protections: Children and Persons With Disabilities

  • For processing personal data of children (under 18), the Rules require verifiable parental consent (or guardian consent) before processing.
  • For persons with disabilities who cannot lawfully consent, processing may only happen with consent from a lawful guardian and subject to stricter checks.

6. Cross-Border Transfers and Data Localisation

  • Transfers of personal data outside India are allowed only under government-approved conditions, especially for certain categories of sensitive or large-scale data processing by Significant Data Fiduciaries.
  • The Rules recognise a differentiated regime: larger/exposed fiduciaries (Significant Data Fiduciaries) may face higher duties when doing cross-border transfers or using emerging technologies.

7. Significant Data Fiduciaries (SDFs) and Enhanced Compliance

  • The Rules designate certain large-scale or sensitive-data-handling entities as Significant Data Fiduciaries, which face enhanced obligations: independent audits, DPIAs (Data Protection Impact Assessments), and stronger governance.
  • SDFs will need to ensure that AI/algorithmic systems do not harm individuals’ rights; they will be subject to stricter scrutiny.

8. Regulatory Oversight, Breach Notification, and Penalties

  • A new body, the Data Protection Board of India (DPB), is established as a digital-first adjudicatory mechanism for data protection disputes, breach oversight, and enforcement.
  • Data fiduciaries must notify both users (Data Principals) and the Board of any personal data breach: users must receive a clear, plain-language notice of what happened and next steps; the Board must get a report within a specified timeframe (72 hours) after becoming aware.
  • Penalties for non-compliance under the Act (and, by extension, the Rules) are significant, up to several hundred crores of INR for major breaches (especially for failure to adopt security safeguards or to comply with breach notification requirements).

9. Implementation Timeline and Transition

  • The Rules adopt a phased compliance approach: some key provisions (e.g., establishment of Board, basic notices) apply immediately upon notification; other, more intensive obligations (consent manager registration, full SDF obligations, cross-border rules) apply after 12 to 18 months.
  • Organizations are given this transition period to upgrade governance, data flows, contracts, consent mechanisms, breach-response, and retention/erasure policies.

DPO Hands-on Training with InfosecTrain

India’s DPDP Act and Rules represent a watershed. For the first time, we have a full-fledged digital privacy law that’s consent-led, rights-based, and security-minded. While compliance may seem daunting, the net result is a more vibrant digital economy where individuals feel protected. By giving citizens precise controls and pressuring companies to beef up cybersecurity, India is laying the foundation for future technologies like AI and IoT.

But legal frameworks only work when organizations have the expertise to implement them; translate notice-and-consent flows, cross-border data transfers, DPIAs (Data Protection Impact Assessments), breach-response protocols, Security Controls, and user rights mechanisms into actionable processes.

That’s exactly where InfosecTrain’s Data Protection Officer Hands-on Training adds value:

  • It equips you with knowledge of India’s DPDP law and rules, explaining the roles of the Data Fiduciary, Data Principal, Significant Data Fiduciary, and the regulator.
  • You gain practical skills in designing and auditing privacy notices, implementing consent-management mechanisms, building retention/erasure processes, and managing cross-border flows.
  • The course emphasises security technical controls (encryption, access logs, breach response) aligned with the Rules’ demands.
  • You will learn how to set up the compliance program required for SDFs: annual DPIAs, independent audits, algorithmic transparency, and regulatory reporting.
  • You will leave knowing how to turn compliance into a competitive differentiator, not just a legal checkbox.

If you are responsible for cybersecurity, data governance, legal/risk, or compliance in an Indian business (or a multinational operating in India), now is the time to act. The DPDP Rules are not just regulations; they are your roadmap for trust, resilience, and regulatory readiness.

Data Protection Officers

Ready to lead your organisation’s data-protection journey?

Enroll in InfosecTrain’s Data Protection Officer Hands-on Training today and gain the toolkit, strategy, and confidence to implement India’s data-privacy-by-default future with clarity and impact.

TRAINING CALENDAR of Upcoming Batches For Data Protection Officer

Start Date End Date Start - End Time Batch Type Training Mode Batch Status
02-Mar-2026 17-Mar-2026 20:00 - 22:00 IST Weekday Online [ Open ]
From_Law_to_Practice_Implementing_the_DPDPA_for_Your_Business
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