The Digital Personal Data Protection Act, 2023 ("DPDP Act")

India’s Digital Personal Data Protection Act, 2023 (DPDP Act) introduces a relatively permissive framework for the cross-border transfer of personal data from India. Unlike the European Union’s GDPR, which relies extensively on adequacy decisions and prescribed transfer safeguards, the DPDP framework adopts a negative-list approach: international transfers are generally permitted, subject to restrictions that may be notified by the Central Government.

India’s data protection framework has moved from legislation to implementation. With the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”) now notified, organizations processing personal data in India need to reassess how long they retain personal data, why they retain it, and how they ultimately delete or anonymize it.

A personal data breach can create immediate legal, operational, and reputational consequences for an organisation. Under India’s Digital Personal Data Protection Act, 2023 (DPDP Act) and the Digital Personal Data Protection Rules, 2025 (DPDP Rules), specific obligations have been prescribed for Data Fiduciaries following a personal data breach. While organisations may already have broader data protection and cybersecurity measures in place, breach notification requires a distinct and time-sensitive response. The DPDP framework requires communication both to affected Data Principals and to the Data Protection Board of India.

India's digital privacy framework has now moved from legislative intent to staged implementation.

India’s data protection landscape is undergoing its most significant shift in over a decade. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), have long formed the core of personal data protection obligations under the Information Technology Act, 2000 (“IT Act“) for body corporates handling sensitive personal data or information.

The Ministry of Electronics and Information Technology ("MEITY") has now formally notified the Digital Personal Data Protection Rules, 2025 ("DPDP Rules" or "Rules") on 13 November 2025.

India's DPDP Rules 2025 operationalize the Digital Personal Data Protection Act 2023, creating a balanced framework for privacy and data use. Notified on November 14, 2025, after extensive consultations, these rules emphasised citizens' rights alongside business compliance.

Businesses increasingly depend on global cloud infrastructure, international group companies, overseas vendors and remote service providers. As a result, cross-border data transfers have become an important legal and operational issue for organisations operating in India.

The Digital Personal Data Protection Act is India's principal legislation governing the processing of digital personal data. For businesses, the law changes how customer, employee, user and other personal information must be collected, used, stored and shared. The framework is built around a balance between individual privacy and lawful use of data.

In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India.