India

India DPDP Act 2023 and DPDP Rules 2025

Digital Personal Data Protection Act, 2023 (No. 22 of 2023) and Digital Personal Data Protection Rules, 2025

India's first general data protection law. Not an AI law, but it decides how Indian companies may collect and use personal data to train and run AI.

BindingLaw/RegulationDevelopers and deployersReaches beyond its bordersNot an AI-specific law
Regulator
Ministry of Electronics and Information Technology (MeitY); Data Protection Board of India (DPBI)
Adopted
11 Aug 2023
In force
13 Nov 2025
Sectors
All sectors
Penalties
Up to INR 250 crore for failing to keep reasonable security safeguards; up to INR 200 crore each for breach notification failures and children's data violations; up to INR 50 crore for other breaches (Schedule to the Act, per PIB summary).
Last verified
19 Oct 2026Official source

Summary

  • Consent or legitimate use is needed to process digital personal data (ss.4, 6, 7). Consent must be specific to the purpose, so using customer data to train a new AI model usually needs its own notice and consent, or a listed legitimate use.
  • Publicly available data exemption (s.3(c)(ii)): the Act does not apply to personal data the person made public themselves, or that someone was legally required to publish. This is the main legal footing for scraping public web data for training, but it does not cover data others posted about a person.
  • Research exemption (s.17(2)(b)): processing for research, archiving or statistics is exempt if it is not used for decisions about a specific person and follows prescribed standards.
  • Significant Data Fiduciaries (s.10, Rule 13): must appoint a DPO in India, run a DPIA and audit every 12 months and report key findings to the Board, and do due diligence that their algorithmic software is not likely to risk users' rights (Rule 13(3)). Rule 13 applies from 2027-05-13.
  • Children (s.9): verifiable parental consent; no tracking, behavioural monitoring or targeted advertising directed at children (s.9(3)). This limits AI personalisation for under-18 users.

Who it applies to

  • Processing of digital personal data in India, and processing outside India connected with offering goods or services to people in India (s.3(b)).
  • All sectors, public and private.
  • Not covered: personal or domestic use, and self-published or legally published data (s.3(c)).

Key dates

  1. DPDP Act receives assent (Act No. 22 of 2023)
  2. Draft DPDP Rules published (G.S.R. 02(E))
  3. DPDP Rules notified (G.S.R. 846(E), Gazette dated 13 Nov 2025); Board provisions and Rules 1, 2, 17 to 21 in force
  4. Rule 4 (Consent Manager registration) in force, one year after publicationUpcoming
  5. Rules 3, 5 to 16, 22, 23 in force, eighteen months after publication (sources differ by one day)Upcoming
Full date record
Date Event
2023-08-11 Act assented
2025-11-13 Rules notified in Gazette (PIB press release says 14 Nov); Data Protection Board provisions (ss.18 to 26) and Rules 1, 2, 17 to 21 in force
2026-05-06 MeitY invites applications for DPBI Chairperson and four Members (vacancy notice)
2026-11-13 Rule 4 (Consent Managers) in force; s.6(9) and s.27(1)(d) also start (secondary)
2027-05-13 Core duties in force: notice, security, breach reporting, retention, children, SDF duties, data principal rights, cross-border rules

Penalties and enforcement

  • Schedule penalties: up to INR 250 crore (security safeguards), INR 200 crore (breach notification; children), INR 50 crore (other).
  • The Data Protection Board adjudicates; appeals go to TDSAT. Board set up on 2025-11-13; Chairperson and Member posts were still being recruited in May 2026.
  • MeitY reportedly consulted in January 2026 on cutting the 18-month window to 12 months (secondary sources). No amendment to the Rules was found as of 2026-10-19.

What it means for an Indian company

Obligations

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Glossary

  • Data Fiduciary: the organisation that decides why and how personal data is processed (the GDPR "controller").
  • Data Principal: the person the data is about; for children, includes the parent.
  • Significant Data Fiduciary (SDF): a fiduciary the Government notifies as high-impact, with extra duties.
  • Consent Manager: a registered platform people use to give, manage and withdraw consent.
  • Legitimate uses: listed situations where consent is not needed (s.7).
  • DPBI: Data Protection Board of India, the adjudicating body.
  • TDSAT: Telecom Disputes Settlement and Appellate Tribunal, which hears appeals.

Key takeaways

  • Not AI-specific, but it governs AI training data, AI features and children's profiling in India.
  • Phased start: Board now, Consent Managers from 2026-11-13, most duties from 2027-05-13.
  • s.3(c)(ii) public data exemption and s.17(2)(b) research exemption are the key levers for training data.
  • SDFs face annual DPIAs, audits and algorithmic due diligence (Rule 13).

Official sources

This is general information, not legal advice. Last verified 19 Oct 2026 against the official source. Laws change; confirm the current position with qualified counsel before acting.

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