Notice and consent
What must a person be told before their personal data is collected, and what makes consent valid? (ss. 5 and 6, DPDP Act; Rule 3, DPDP Rules)
PRACTICE AREA / 01
Understand the data. Prepare for the incident.
How personal data moves through a business, the documents that govern it, and the legal side of preparing for a personal-data breach or cyber incident.
The laws covered: DPDP Act, 2023 · DPDP Rules, 2025 · CERT-In Directions, 2022
SUBJECTS WITHIN THIS AREA
What must a person be told before their personal data is collected, and what makes consent valid? (ss. 5 and 6, DPDP Act; Rule 3, DPDP Rules)
When may a vendor handle personal data for a business, and who remains responsible for it? (s. 8(1) and (2), DPDP Act; Rule 6(1)(f), DPDP Rules)
What safeguards are required, and whom must a business inform after a breach, and how fast? (s. 8(5) and (6), DPDP Act; Rules 6 and 7, DPDP Rules; CERT-In Directions, 2022)
A PRACTICAL STARTING POINT
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COMMON QUESTIONS
The DPDP framework commences in phases. Applicability and dates must be checked for the particular activity.
MeitY: DPDP Act and Rules ↗No. The Act looks at how personal data is actually collected, used, secured and erased. A policy document is only one part of that.
No. The Act, the Rules and the commencement notifications must be read together; the Board and general provisions have applied since 13 November 2025, Consent Manager registration applies from 13 November 2026, and most duties of businesses apply from 13 May 2027.
Rule 6 lists minimum reasonable security safeguards, including encryption, masking or similar measures, access control, logs and monitoring, and backups. How they are put in place is a technical question for security specialists.
RELATED READING
India's data protection law arrives in three phases ending on 13 May 2027; this note sets out, from the Act and the Gazette text of the Rules, what a business with customer and employee data has to put in place.
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