The Digital Personal Data Protection Act, 2023
Act No. 22 of 2023. Received Presidential assent on 11 August 2023. Provides for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes.
Overview
The Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023) is India's general law on digital personal data. Enacted by Parliament, it sets when a Data Fiduciary may process personal data (consent or certain legitimate uses), what notice it must give, its security and breach duties, special rules for children, the rights of Data Principals and penalties imposed by the Data Protection Board of India. This page lists every section and the Schedule with official text and commentary.
Key facts
- Citation
- Act No. 22 of 2023
- Presidential assent
- 11 August 2023
- Structure
- 44 sections in 10 chapters, plus one Schedule (penalties)
- Regulator
- Data Protection Board of India (Section 18)
- Rules made under it
- Digital Personal Data Protection Rules, 2025
- Phased commencement
- 13 November 2025: Section 1(2), Section 2, Sections 18–26, 35, 38–43, and Section 44(1) and (3)
- 13 November 2026: Section 6(9) and Section 27(1)(d)
- 13 May 2027: All remaining provisions
Contents
- Chapter I - Preliminary3 provisions
- Chapter II - Obligations of Data Fiduciary7 provisions
- Chapter III - Rights and Duties of Data Principal5 provisions
- Chapter IV - Special Provisions2 provisions
- Chapter V - Data Protection Board of India9 provisions
- Chapter VI - Powers, Functions and Procedure of Board2 provisions
- Chapter VII - Appeal and Alternate Dispute Resolution4 provisions
- Chapter VIII - Penalties and Adjudication2 provisions
- Chapter IX - Miscellaneous10 provisions
- The Schedule1 provision
Frequently asked questions
What is the DPDP Act, 2023?
India's law governing the processing of digital personal data, balancing individuals' right to protect their data with the need to process it for lawful purposes. Read the provision
Who does the DPDP Act apply to?
It applies to processing of digital personal data within India, and to processing outside India connected with offering goods or services to Data Principals in India (Section 3). Read the provision
When can personal data be processed?
Only for a lawful purpose, either with the Data Principal's consent or for certain legitimate uses listed in Section 7 (Section 4). Read the provision
What rights does a Data Principal have?
Rights to information, correction and erasure, grievance redressal and nomination, under Sections 11 to 14. Read the provision
What are the penalties under the DPDP Act?
The Data Protection Board may impose the penalties set out in the Schedule, which run up to ₹250 crore for failing to take reasonable security safeguards (Section 33). Read the provision
How does the DPDP Act differ from the GDPR?
Both regulate personal data, but the DPDP Act covers digital personal data only, uses two processing grounds instead of six, and has no separate category of sensitive data. Compare the two in the GDPR library. Open the GDPR library
Chapter I - Preliminary
Chapter II - Obligations of Data Fiduciary
Chapter III - Rights and Duties of Data Principal
Chapter IV - Special Provisions
Chapter V - Data Protection Board of India
- §18Establishment of Board
- §19Composition and qualifications for appointment of Chairperson and Members
- §20Salary, allowances and conditions of service of Chairperson and Members
- §21Disqualifications for appointment and continuation as Chairperson and Members
- §22Resignation by Members and filling of vacancy
- §23Proceedings of Board
- §24Officers and employees of Board
- §25Members and officers to be public servants
- §26Powers of Chairperson
Chapter VI - Powers, Functions and Procedure of Board
Chapter VII - Appeal and Alternate Dispute Resolution
Chapter VIII - Penalties and Adjudication
Chapter IX - Miscellaneous
- §35Protection of action taken in good faith
- §36Power to call for information
- §37Power of Central Government to issue directions
- §38Consistency with other laws
- §39Bar of jurisdiction
- §40Power to make rules
- §41Laying of rules and certain notifications before Parliament
- §42Power to amend Schedule
- §43Power to remove difficulties
- §44Amendment to certain Acts
The Schedule