In the world of technology, the internet and digital devices surrounding us, handing over our data has often felt a bit like throwing a message in a bottle into the Samudra. Once it’s out, who knows who’ll read it? Or rather, it’s not even us throwing the bottle anymore, information just flows, often without us noticing. Whether it’s checking cricket scores giggling at Instagram Reels or ordering samosas (or sushi) on an app, we’re constantly sharing little pieces of ourselves, our names, preferences, midnight snack habits and even our most awkward search histories. But have you ever paused and wondered, “Who’s watching ?” “Who’s using my info ?” and “Can somebody misuse all this data ?”
Leaky apps, sneaky websites and big tech giants could use, sell or lose your data. The constant spam calls or seeing that same shoe ad follow you around the internet for weeks is something nearly all of us relate to and let’s be honest, we find it pretty troubling. Yes, most of it is due to data misuse.
Recognising these risks, the Supreme Court declared privacy a fundamental right way back in 2012. The message was clear: India’s 1.4 billion people deserve digital dignity. And that set the stage for the birth of India’s very own Digital Personal Data Protection Act 2023 and the finely detailed Rules of 2025, bringing a much needed safety net to our ever-more connected lives.
WHAT DO THE DPDP ACT 2023 AND DPDP RULES 2025 ACTUALLY MEAN?
The DPDP Rules 2025 introduce long awaited order and discipline in India’s digital ecosystem. For years, users and businesses operated with unclear expectations about personal data. These rules now clarify and enforce essential duties for every app, website and company processing our personal information.
1. CLARITY IN NOTICE The era of confusing terms and hidden permissions has ended. Service providers are now required to inform users, in plain language, what personal data is collected, for what purpose and the ways in which individuals may decline or limit such use. No more ambiguity. Transparent information is now a statutory obligation.
2. REAL CONSENT AND USER CONTROL User autonomy is the DPDP’s core. Individuals choose what data to share, with whom, and for how long. Consent is not a one-off check box but an ongoing right. It can be withdrawn at any time. This means users regain genuine authority over their personal information, even after it has been shared.
3. SECURITY AND RAPID BREACH NOTIFICATION Companies can no longer treat data security as an afterthought. They are legally required to put strong protections in place, regardless of their size. If there is a data breach, both the affected user and the Data Protection Board must be notified within 72 hours. Promptness is not optional. Users must be proactively informed about risks to their data.
4. SPECIAL PROTECTIONS FOR MINORS The Act and Rules give priority to children’s online rights. Parental consent is now mandatory for any data collection or processing targeting those under 18. Profiling and delivering targeted advertising to minors face well-defined restrictions, raising much-needed barriers against exploitation and manipulation.
5. HIGHER STANDARDS FOR SIGNIFICANT DATA FIDUCIARIES Entities designated as Significant Data Fiduciaries, including large social networks, e-commerce leads and prominent fintechs, are subject to an enhanced compliance regime. This includes conducting annual Data Protection Impact Assessments, independent privacy audits, maintaining a dedicated Data Protection Officer resident in India and specific algorithmic accountability measures. Non-compliance carries penalties up to Rs 150 crore.
6. MANDATORY ERASURE OF DATA Companies must not retain user data longer than required. When the original purpose of data collection has been met, the data must be erased, unless legal retention mandates apply. This ensures that personal information is not needlessly stored and reduces exposure to misuse.
Why Should We Care?
These rules are designed to empower ordinary users. Targeted tracking and excessive surveillance can be challenged. Companies must notify you quickly if your data is ever compromised. The volume of personal data circulating needlessly will decline, leading to fewer unwanted messages and calls.
For Businesses and Institutions
Compliance with the Act and Rules should not be a cause for undue alarm. The law expects honesty, due care, and basic digital discipline. These are qualities any responsible entity can achieve. Strong privacy practices are now both a legal requirement and a competitive advantage.
THE WAY FORWARD
The DPDP Rules 2025 are India’s statement to the digital world. Every citizen’s privacy is worthy of respect and protection at all times. This is a pivotal moment. For the first time, users can expect genuine digital dignity and every organization handling personal data is answerable before the law. For companies, now is the time to align. For users, this is the dawn of true digital empowerment. The law travels with you every time you go online, guarding your identity, your rights and your confidence in the digital future.
Khushbu Jain is a practicing advocate in the Supreme Court of India and founding partner of Ark Legal, specializing in privacy law and data protection.
