DPDP Act, the Rules

The Act set the duties. The Rules say how, and from when.

The Digital Personal Data Protection Act, 2023 leaves dozens of details to be prescribed. The Digital Personal Data Protection Rules, 2025 supply them, and they switch on in three stages. This page walks through what each rule adds, the dates, and the questions the government has not yet answered.

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01 · Why Rules exist

An Act full of blanks

Many sections end with as may be prescribed. The Rules are where that happens.

Read the Act closely and a pattern appears. It tells a Data Fiduciary (the business that decides why and how personal data is used) to give notice, report breaches and erase data, but it often stops short of saying in what form, within how long, or for whom. Section 40 lets the Central Government fill those gaps by rules. The draft was published for comment on 3 January 2025; the final text followed in November 2025 as G.S.R. 846(E).

Form and content
What a notice must contain and what a breach intimation must say.
Periods
When unused data counts as no longer needed, how long logs are kept, and the ceiling on grievance replies.
Gatekeeping
Who may register as a consent manager, and how a parent's identity is checked.
Extra duties
The yearly assessment and audit for significant data fiduciaries.
Machinery
How the Data Protection Board of India (the Board) meets, decides and hears appeals.

02 · Phase-in

Three start dates, not one

Rule 1 splits the Rules into three stages. Most company duties sit in the last.

Rule 1 counts every stage from the date the Rules were published in the Gazette. The notification is dated 13 November 2025. Only that first date is printed in the text; the later two are periods, so the calendar dates below are our own arithmetic and are marked as such.

StageStartsRules switched onWhat it means in practice
On publication13 November 2025 (notification date)Rules 1, 2 and 17 to 21Board appointments, pay, meetings, digital office and staff. Little for a company to do yet.
One year after publicationMid-November 2026 (our count, not printed)Rule 4 and the First ScheduleConsent managers may apply to the Board for registration.
Eighteen months after publicationMid-May 2027 (our count, not printed)Rules 3, 5 to 16, 22 and 23Notices, safeguards, breach intimation, erasure, contact details, children, significant data fiduciaries, rights, transfers, appeals and information calls.

The Act has its own commencement notifications under section 1(2), separate from the Rules. Check which sections of the Act are in force on the day you rely on them, not only which rules.

04 · Breach and erasure

Breach reports, erasure clocks and the contact point

Rules 6 to 9 are where most operational work lands.

Rule 7(1)

To each affected person

  • Sent without delay, through the account or registered channel
  • What happened, how far, and when
  • Likely consequences for that person
  • What the business has done, and what the person can do
  • A contact who can answer questions

Rule 7(2)

To the Board

  • A first description without delay, including likely impact
  • Within 72 hours of awareness: fuller facts, causes, mitigation
  • Any findings on who caused it, and steps against recurrence
  • A report on the notices sent to affected people
  • More time only if the Board agrees on a written request

The breach-reporting page covers the full playbook. Here the point is that the Rules ask for two different messages to two audiences.

  • Rule 6 lists minimum security safeguards, including keeping logs for one year. The safeguards page maps them to controls.
  • Rule 8 names three classes (large e-commerce, online gaming and social media platforms) whose dormant users' data must be erased after three years without contact, with a 48-hour warning first.
  • Rule 8(3) sets a floor: data, traffic data and logs of processing are kept for at least one year for listed state purposes, then erased unless another law says otherwise.
  • Rule 9 makes the contact for privacy questions prominent on the website or app, and in every reply to a rights request.

05 · Children and SDFs

Parents, guardians and the largest fiduciaries

Rules 10 to 13 deal with who may consent for others, and who carries extra weight.

Rule 10 · Verifiable parental consent
Before touching a child's data, check the person consenting is an identifiable adult (18 or over), using identity details already held or a virtual token from an authorised issuer, such as one available through a digital locker.
Rule 11 · Lawful guardians
For a person with disability, confirm the guardian was appointed by a court, designated authority or local level committee.
Rule 12 · Exemptions
The Fourth Schedule lifts the consent and tracking limits for named cases: health care, schools, crèches and school transport, plus purposes such as real-time location for safety and blocking harmful content.
Rule 13 · Significant data fiduciaries
Once every twelve months: a data protection impact assessment and an audit, with significant observations reported to the Board; due diligence on algorithmic software; and localisation of any data a government committee specifies.

06 · The Board

How the Board meets, decides and is appealed

These parts were the first to start, because the Board had to exist before it could act.

  1. SizeA Chairperson and four other Members, per MeitY's 2026 call for applications.
  2. Quorum and votesOne-third of members make a quorum; majority decides; the chair holds a casting vote.
  3. Urgent actionThe chair may act alone in an emergency, telling members within seven days and seeking ratification.
  4. Inquiry clockAn inquiry should finish within six months, extendable by up to three months at a time, with reasons recorded.
  5. Digital officeProceedings may run without anyone attending in person.
  6. AppealsTo the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), filed digitally, within sixty days under the Act.

07 · Still open

What the government has not yet decided

Several rules point to later orders. Plan around the gaps, not through them.

  • Which businesses are significant data fiduciaries. Section 10 needs a notification naming them or their class.
  • Any transfer restrictions under rule 15, which applies only to whatever the government specifies by order.
  • The list of data that must stay in India under rule 13(4), which depends on a committee's recommendation.
  • The standards and assurance framework a consent manager must be certified against, which the Board is to publish.
  • Any notified age above which a verifiably safe service is freed from child-specific limits, under section 9(5).

Where that leaves you

The eighteen-month stage carries almost every company duty. Waiting for the open items is not a plan: notices, safeguards, breach handling, erasure and the contact point are settled now and only the start date is ahead.

Sources: the Digital Personal Data Protection Act, 2023 (sections 1, 5, 6, 8, 9, 10, 13, 29 and 40); the Digital Personal Data Protection Rules, 2025, G.S.R. 846(E), rules 1 to 23 and the First, Third, Fourth and Seventh Schedules; the MeitY notice inviting applications for the Board, 2026; the PIB backgrounder on the Rules, November 2025.

Questions about the Rules

Are the DPDP Rules in force today?

Partly. The Board's rules are; most company duties are not yet.

Rules 1, 2 and 17 to 21 started on publication. Rule 4 starts one year after publication and the rest eighteen months after. As of October 2026 the company-facing duties in rules 3 and 5 to 16 are still ahead, though the date is fixed.

Does the 72-hour period apply to telling customers too?

No. Customers are told without delay; 72 hours is for the Board's detailed report.

Rule 7 gives affected people a notice without delay and gives the Board a short first notice without delay, followed by a fuller report within 72 hours of becoming aware. The Board can allow longer on a written request.

Do the erasure periods in the Third Schedule apply to every business?

No. Only to the three classes named there.

The three-year dormancy rule covers e-commerce entities and social media intermediaries with at least two crore registered users in India, and online gaming intermediaries with at least fifty lakh. Everyone else still owes erasure under section 8(7) once the purpose is served.

Do we have to use a consent manager?

No. It is an option the Act gives the individual.

The Act lets a person give and withdraw consent through a registered consent manager. Nothing in the Rules makes a business adopt one, but a business on a consent manager's platform must be able to act on what arrives through it.

Where do penalties fit in?

In the Act's Schedule, not the Rules.

The ceilings sit in the Schedule to the Act, from fifty crore rupees for general breaches up to two hundred and fifty crore for failing to take reasonable security safeguards. Breaching a rule counts as breaching the Act for that purpose.

Know which rules reach you, and by when.

A DPDP readiness assessment maps each rule to your systems and the date it starts. Counsel should confirm how the Act and the Rules apply to your contracts and sector.