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The DPDP Act, explained simply
Short answers to common questions about India’s Digital Personal Data Protection Act 2023, written so anyone can follow them, even a 12-year-old. Here “you” means the Data Principal, the person the data is about, and “organisation” means the Data Fiduciary that uses it. The reference after each answer points to the Act or the Rules.
The basics
What is the DPDP Act?
It is a law passed by India’s Parliament in 2023. It sets rules for how organisations collect, use, store, share and delete information about people when that information is in digital form. Think of it as the rules of the road for your data.
Act s. 1, 3
What does DPDP stand for?
Digital Personal Data Protection. “Digital” means stored on a phone, computer or server. “Personal data” means information about you. “Protection” means keeping it safe and using it fairly.
Why do we need this law?
Your name, phone number, photos and where you go are valuable. Without rules, anyone could copy them, sell them or leak them by mistake. The Act makes organisations tell you what they collect, ask you properly, keep it safe and delete it when they are done.
Is the law already in force?
It is coming in stages. The DPDP Rules were published on 13 November 2025, and the Data Protection Board was set up from that day. Registration of Consent Managers starts on 13 November 2026. Most duties for organisations, such as notices, consent, security, breach reporting, children’s data and your rights, start on 13 May 2027.
Rule 1
Which organisations (Data Fiduciaries) have to follow this law?
Any person or organisation that decides why and how your data is used: shops, schools, hospitals, banks, apps, websites, housing societies and government departments. It also covers companies outside India that process data to sell goods or services to people in India.
Act s. 2(i), 3(a)–(b)
What is personal data? (with examples)
What is “personal data”?
Any information about a person who can be identified from it, either by itself or together with other information. Your name, phone number, face, address, fingerprint, school marks, height and even the clothes size written next to your name are all personal data.
Act s. 2(t)
What is “digital personal data”?
Personal data that is in digital form: typed into an app, saved in a computer, scanned, photographed on a phone or sent in a message.
Act s. 2(n)
Does the law cover information written on paper?
Only once it becomes digital. The Act applies when personal data is collected in digital form, or collected on paper and digitised later, for example typed into a computer, scanned, or photographed and saved on a phone. A paper notebook that never becomes digital is outside the Act.
Example: A shopkeeper writes your name in a paper register: outside the Act. The next day he types the register into a spreadsheet: now inside the Act.
Act s. 3(a)
A tailor takes my measurements. Is that personal data?
Yes. Chest 34, waist 28 and sleeve 22, written next to your name and phone number, is information about you, so it is personal data.
Example: If the tailor keeps it only in a paper notebook, the Act does not apply. If the tailor types it into a phone app or takes a photo of the page on WhatsApp, it is now digitised and the Act applies: the tailor should use it only to stitch your clothes, keep it safe and not share it with anyone else. If your mother measures you at home to stitch your uniform, that is personal or household use, and the Act does not apply at all.
Act s. 3(a), 3(c)(i)
Are my hospital records personal data?
Yes. Your name, age, illness, blood tests, X-rays and prescriptions are all information about you. The Act does not have a separate category for health data, but all personal data must be protected, and a big hospital chain can be given extra duties.
Example: A hospital that keeps records in its computer system, or scans old paper files into it, must keep them safe, give you a summary when you ask, correct mistakes, and tell you and the Board if they leak. In a medical emergency where someone’s life is at risk, doctors can use your data without first stopping to ask for consent.
Act s. 3(a), 7(f), 8(5)–(6), 11, 12
An eye doctor measures the power of my eyes and the distance between my pupils. Is that personal data?
Yes. Numbers like −1.25 for your eye power or 62 mm between your pupils, saved under your name, are information about you.
Example: If the eye clinic stores these numbers in its computer, it can use them to make your glasses, because that is why you gave them. It cannot pass them to a company that sells contact lenses so it can send you ads, unless you clearly agree. And it can ask only for what it needs for the purpose.
Act s. 4, 6(1)
The watchman at reception writes down my phone number. Is that personal data?
Yes. A phone number can be used to find and identify you, so it is personal data.
Example: If the watchman writes it in a paper visitor register, the Act does not apply. If the building uses a visitor app or tablet at the gate, it does. Because you gave your number yourself to enter the building, the society may use it for that without a separate consent form. It cannot use it to send you advertisements, and it should delete it once it is no longer needed.
Act s. 3(a), 7(a), 8(7)
Can you give some more quick examples?
Personal data: your marks in the school app, your photo on a school ID card, your Aadhaar number, your face in CCTV footage, the location your phone shares, your voice in a voice note. Not personal data: “200 people visited the mall today”, because no one can be identified from it.
Act s. 2(t)
Is information I post publicly covered?
No. If you make your own data public yourself, for example in a public blog post or a public social-media profile, the Act does not apply to that data. The same goes for data that a law requires someone to publish.
Act s. 3(c)(ii)
Who’s who
Who is the “Data Principal”?
You: the person the data is about. For a child, it also includes the parent or lawful guardian. For a person with a disability, it includes the lawful guardian acting for them.
Act s. 2(j)
Who is the “Data Fiduciary”?
The organisation that decides why and how your data is used, such as the school, the hospital or the app. “Fiduciary” means someone you trust to look after something for you, so it must act responsibly with your data.
Act s. 2(i)
Who is a “Data Processor”?
A helper that handles data for the Data Fiduciary, such as a cloud company that stores the files or a company that sends SMS messages. The Data Fiduciary stays responsible for what the helper does.
Act s. 2(k), 8(1)–(2)
What is a “Consent Manager”?
A company registered with the Data Protection Board that gives you one place to give, see, manage and withdraw your consents across many organisations. myconsentapp is a proposed Consent Manager, not yet registered with the Board.
Act s. 2(g), 6(7)–(9); Rule 4
What is the Data Protection Board of India?
The referee. It hears complaints, looks into data leaks, registers Consent Managers and can impose penalties. It works as a digital office, so you can approach it online.
Act s. 2(c), 18, 27
Consent and notice
What does “consent” mean?
Saying a clear “yes”. Under the Act, consent must be free (no one forces you), specific (for a stated purpose), informed (you know what you are agreeing to), unconditional and unambiguous, given by a clear action such as ticking a box yourself. Silence or a box that was already ticked does not count.
Act s. 6(1)
What is a “notice”?
A short, clear message given before they ask for consent. It tells you what data they want and why, how to withdraw your consent or raise a complaint, and how to complain to the Board. You can choose to read it in English or in any of the 22 languages in the Eighth Schedule of the Constitution.
Act s. 5; Rule 3
Can an organisation (Data Fiduciary) ask me for more data than it needs?
It can ask, but your consent only counts for the data that is necessary for the purpose. Any extra part is not valid.
Example: A doctor-on-call app also asks for your phone’s contact list. The contact list is not needed to see a doctor, so your consent covers only the data needed for the consultation.
Act s. 6(1)–(2)
Can I change my mind after saying yes?
Yes. You can withdraw consent at any time, and withdrawing must be as easy as giving it. The organisation must then stop using your data within a reasonable time. Things done before you withdrew stay valid, and you may lose the service that needed the data.
Act s. 6(4)–(6)
Can my data ever be used without my consent?
Yes, but only for “certain legitimate uses” listed in the Act. These include data you gave voluntarily for a purpose, government benefits and services, legal duties and court orders, medical emergencies, epidemics, disasters, and employment.
Example: You buy medicine at a pharmacy and ask it to send the receipt to your phone. It may use your number to send the receipt without a separate consent form.
Act s. 7
Your rights as a Data Principal
As a Data Principal, can I find out what an organisation knows about me?
Yes. You can ask for a summary of the personal data it holds about you, what it does with it, and the other organisations it has shared it with.
Act s. 11
Can I correct or delete my data?
Yes. You can ask them to correct wrong data, complete missing data, update old data, or erase it. They may keep data only if it is still needed for the purpose or another law requires it.
Example: When you close a bank account, the bank must keep your identity records for some years because banking law says so. It can keep those, but nothing more than the law requires.
Act s. 12
How do I complain if something goes wrong?
First complain to the organisation itself, using the grievance contact it must publish. It must answer within the time it publishes, which cannot be more than 90 days. If you are still not satisfied, you can complain to the Data Protection Board.
Act s. 8(9)–(10), 13; Rule 14
What happens to my data rights if I die or cannot decide for myself?
You can name another person, called a nominee, in advance. If you die or become unable to act, that person can use your rights for you.
Act s. 14
Your duties as a Data Principal
As a Data Principal, do I have duties too?
Yes. The Act gives duties to individuals too, not only to organisations. Do not pretend to be someone else when giving your data. Do not hide important facts when applying for a government ID or document. Give only true information when you ask for a correction. And do not file false or silly complaints. Breaking these duties can mean a penalty of up to ₹10,000.
Act s. 15; Schedule item 5
Children
Who counts as a child?
Anyone who has not turned 18.
Act s. 2(f)
Can an app or website (a Data Fiduciary) use a child’s data?
Only after getting verifiable consent from a parent or lawful guardian. The app must check that the person saying “I am the parent” really is an adult, using reliable identity and age details it already has, details the parent provides, or a digital token from an authorised service such as DigiLocker.
Example: A 12-year-old signs up for a gaming app. Before it can use her data, the app must get her parent’s consent and check that the parent is an identifiable adult.
Act s. 9(1); Rule 10
Can apps track children or show them targeted ads?
No. Organisations must not track or monitor the behaviour of children, must not show them ads targeted at them, and must not use their data in any way likely to harm their well-being. A few exceptions, such as schools, hospitals and child-safety purposes, are listed in the Rules.
Act s. 9(2)–(4); Rule 12, Fourth Schedule
What about a person with a disability?
If they have a lawful guardian, the guardian’s verifiable consent is needed, and the guardian can act for them.
Act s. 2(j)(ii), 9(1); Rule 11
Duties of organisations (Data Fiduciaries), leaks and penalties
As a Data Fiduciary, what must an organisation do with my data?
Use it only for the purpose they told you, keep it accurate when it is used to make decisions about you, protect it with proper security, use only helpers bound by a contract, delete it when the purpose is over, and publish a contact person who can answer your questions.
Act s. 8
What is a data breach, and what happens after one?
A breach is when personal data is leaked, stolen, changed, destroyed or used without permission, even by accident. The organisation must tell each affected person and the Board without delay, and send the Board a detailed report within 72 hours.
Act s. 2(u), 8(6); Rule 7
How big are the penalties for organisations (Data Fiduciaries)?
Up to ₹250 crore for not protecting data properly, up to ₹200 crore for not reporting a breach or for breaking the rules on children, up to ₹150 crore for a Significant Data Fiduciary missing its extra duties, and up to ₹50 crore for other violations. The Board decides the amount.
Act s. 33; Schedule
What is a “Significant Data Fiduciary”?
An organisation the government names because it handles a lot of data, or very sensitive data, or poses higher risk. It must appoint a Data Protection Officer based in India, hire an independent data auditor and run regular risk checks.
Act s. 10
Can my data be sent to another country?
Generally yes, unless the government has restricted transfers to that country. Stricter rules in other Indian laws, such as for banking data, still apply.
Act s. 16
What the Act does not cover
What is outside the DPDP Act?
Personal or household use, such as your family’s WhatsApp group or your own diary app. Data you made public yourself. Paper records that are never digitised. And some special cases, such as courts, crime investigation, certain government bodies, and research that is not used to take decisions about a person.
Act s. 3(a), 3(c), 17
This page explains the law in simple words and is not legal advice. Where it differs from the Act or the Rules, the official text prevails.Want the exact meaning of a word? See the glossary.