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The official texts
Both instruments are reproduced exactly as published in the Gazette of India, with the printed headings and numbering.
No. 22 of 2023
Digital Personal Data Protection Act, 2023
Published 11 August 2023 · Ministry of Law and Justice (Legislative Department)
The law itself: who it covers, what organisations owe individuals, the Data Protection Board and the penalties.
The Act and the Rules do not start all at once. Three dates matter, and which one applies depends on the provision.
Stage 1
13 November 2025
Date of publication of the notification
Act
Sections 2, 18–26, 35 and 38–43, and part of sections 1 and 44
Rules
Rules 1, 2 and 17–21
Stage 2
13 November 2026
One year from publication
Act
part of sections 6 and 27
Rules
Rule 4
Stage 3
13 May 2027
Eighteen months from publication
Act
Sections 3–5, 7–17, 28–34, 36 and 37, and part of sections 6, 27 and 44
Rules
Rules 3, 5–16, 22 and 23
Dates computed from the 13 November 2025 publication. The Act’s come from G.S.R. 843(E) and the Rules’ from G.S.R. 846(E), rule 1. The first date is stated in them; the later ones are counted from the periods they give (one year from publication and eighteen months from publication).
Short answers with links to the provisions they come from.
What is the DPDP Act, and who does it apply to?
The Act governs digital personal data processing, in India (collected digitally, or non-digitally and later digitised) and outside India where it relates to offering goods or services to Data Principals in India. It excludes personal or domestic use and some publicly available data (section 3). Section 17 and the Rules add further exemptions.
What do Data Fiduciary, Data Principal and Data Processor mean?
A Data Fiduciary is any person who, alone or with others, determines the purpose and means of processing personal data. A Data Principal is the individual the data relates to, including a child's parents or lawful guardian. A Data Processor is any person who processes personal data on a Data Fiduciary's behalf.
The highest stated figure is ₹250 crore, for failing to take reasonable security safeguards; Schedule penalties “may extend to” the amount stated. Other items run from ₹200 crore down to ₹10,000, and item 6 has no fixed figure. The Board may impose them if an inquiry finds a breach significant.
How quickly must a personal data breach be reported?
Without delay, with fuller detail within seventy-two hours. On becoming aware of a breach, a Data Fiduciary must inform each affected Data Principal and give the Board a description, both without delay. Within seventy-two hours, or a longer period the Board allows on written request, it must give the Board updated, detailed information.
Who counts as a child, and is parental consent required?
A child is an individual under eighteen, and yes: a Data Fiduciary must obtain verifiable parental consent before processing a child's data, after checking that the self-identified parent is an adult. It must not track, behaviourally monitor or target advertising at children. Rule 12 and the Fourth Schedule list exemptions.
Yes. Where consent is the basis of processing, the Data Principal may withdraw it at any time, with comparable ease to giving it. Earlier processing stays lawful. The Data Fiduciary must then, within a reasonable time, stop processing and cause its Data Processors to stop, unless law requires or authorises it.
Rights to information about her personal data (section 11) and to correction, completion, updating and erasure (section 12), where she previously gave consent; erasure yields to retention the purpose or law requires. Also grievance redress (section 13) and nominating another individual to act on her death or incapacity (section 14), subject to section 17.
A Data Fiduciary or class of Data Fiduciaries that the Central Government notifies after assessing factors including data volume and sensitivity and risk to Data Principals' rights. It must appoint an India-based Data Protection Officer and an independent data auditor, and undertake periodic impact assessments and audits (rule 13: every twelve months).
Once consent is withdrawn or the purpose is reasonably assumed no longer served, whichever is earlier, unless law requires retention (section 8(7)). For Third Schedule classes with registered-user minimums (e-commerce, online gaming, social media), rule 8 sets three years from the Data Principal's last approach or the Rules' commencement, whichever is latest, for most purposes.
Yes, subject to restrictions. The Central Government may restrict transfers to countries or territories it notifies, and Indian laws giving higher protection still apply (section 16). Rule 15 subjects transfers to Government-specified requirements for making data available to a foreign State, its agencies, or entities it controls.
A person registered with the Board who acts as a Data Principal's single point of contact to give, manage, review and withdraw consent through an accessible, transparent and interoperable platform. Registration requires the First Schedule, Part A conditions, including being a company incorporated in India with net worth of at least ₹2 crore.
Established under section 18 by notification G.S.R. 844(E), with effect from publication on 13 November 2025. The Act makes it a body corporate with perpetual succession, with a Chairperson and other Members. Section 27's inquiry and penalty powers start in stages: clause (1)(d) on 13 November 2026, the rest on 13 May 2027 (both computed).
Yes. A person aggrieved by an order or direction of the Board may appeal to the Appellate Tribunal (the Telecom Disputes Settlement and Appellate Tribunal) within sixty days of receipt. The Tribunal may entertain a later appeal for sufficient cause. Rule 22 provides for digital filing and a fee, which the Tribunal’s Chairperson may reduce or waive.
In three stages counted from the 13 November 2025 Gazette; the 2026 and 2027 dates are computed from the stated periods. On publication: sections 1(2), 2, 18–26, 35, 38–43, 44(1), (3); rules 1, 2, 17–21. After one year (13 November 2026): section 6(9), 27(1)(d); rule 4. After eighteen months (13 May 2027): most other provisions.
The statutory text is reproduced exactly as published, and every page names its Gazette reference and PDF pages. We last checked the text against the official PDFs on 1 October 2026.
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