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January 9, 2025
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The digital age has brought a lot of opportunities but also poses significant challenges for the protection of personal data. In this respect, the Digital Personal Data Protection Act (DPDPA), 2023, is an important step for India in protecting the digital privacy of its citizens. To make the Act workable, the government has put forth the Digital Personal Data Protection Rules, 2025, which provide a structured approach toward its implementation.
The key provisions of the draft rules have been explored by this blog and the implications on the stakeholders while it paves the way to greater accountability and security in the digital ecosystem of India.
Understanding the DPDPA and Its Objectives
The DPDPA, 2023, is founded on two main pillars:
Protecting Personal Privacy: Acknowledging the right to privacy of individuals who constitute citizenry.
Lawful Processing of Data: Ensuring that personal data is used for lawful purposes with well-defined boundaries.
The act provides clear roles and responsibilities for Data Fiduciaries (the entities that determine the purpose of data processing), Data Processors(the entities processing data on behalf of fiduciaries); and Data Principals(individuals whose data is being processed). The Act also calls for strict penalties in case of non-compliance, raising the significance of following the provisions outlined above.
Key Features of the Draft Rules, 2025
The draft rules provide clarity on several aspects of the DPDPA, detailing how various stakeholders can ensure compliance. Key features include:
Consent Management - The rules emphasize informed, clear, and affirmative consent from Data Principals. Each consent request must include:
The objective of data processing.
Ways of withdrawing consent.
Contact information of grievance officers.
New Development: Introduction of Consent Managers as intermediaries that would help individuals to manage and withdraw their consents transparently.
Data Localization - To enhance sovereignty, the draft rules mandate the storage and processing of sensitive personal data within India. This aligns with global trends to ensure tighter control over data.
Data Breach Reporting - Data Fiduciaries shall notify the DP Board and affected data subjects within 72 hours in case of a data breach. This fosters accountability and transparency.
Duties of Data Fiduciaries - The rules impose severe fiduciary obligations, such as the following:
Security measures include encryption and access controls.
Carry out Data Protection Impact Assessments for significant data fiduciaries.
Establishment of grievance redressal mechanisms.
Rights of Data Principals - Individuals can:
Access their data
Request corrections or deletions
File grievances with fiduciaries and escalate unresolved issues to the DP Board.
Implications for Businesses
The proposed rules have wide-ranging implications for businesses dealing with personal data, especially Significant Data Fiduciaries—organizations dealing with high volumes of sensitive information or having a high risk profile.
Businesses will need to:
Adopt Transparent Practices: Clearly define and communicate data usage policies
Enhance Security Protocols: Implement industry-standard safeguards
Invest in Compliance Tools: Leverage platforms to automate consent management and breach reporting
Prepare for Audits: Maintain detailed records of data transactions to facilitate regulatory inspections.
Looking Ahead: Steps to Compliance
Understand Provisions: Peruse draft rules and know areas of impact
Evaluate Current Systems: Audit against the new data management rules.
Implement Secure Platforms: Implement a solution such as Castler, which would enable compliance
Train Stakeholders: Educate your teams about what is expected under the DPDPA.
The Digital Personal Data Protection Rules, 2025, present a workable road map for implementing the DPDPA, 2023. With the focus on transparency, accountability, and security, the rules look to make India the leader in the world for data protection. Adaptation of the new regulatory landscape for organizations will not be only about compliance but an opportunity to build trust and fuel growth in the digital economy.
Written By
Vyomika Singh
Marketing Manager