All services / DPO and data privacy
What the DPDPA Requires from You
Four core obligations that every Data Fiduciary must fulfil under the Digital Personal Data Protection Act 2023.
Consent Management
Obtain free, specific, informed, and unambiguous consent from every Data Principal before processing their personal data. Consent must be documented, revocable, and purpose-limited. Implied or bundled consent is not valid under DPDPA.
Data Breach Notification
Notify the Data Protection Board of India (DPBI) and affected Data Principals within prescribed timelines when a personal data breach occurs. Failure to notify promptly attracts significant additional penalties under the Act.
Data Principal Rights
Honour the rights of individuals including: right of access to their data, right to correction and erasure, right to grievance redressal, right to nominate a representative, and the right to withdraw consent at any time without detriment.
Data Protection Officer (DPO)
Significant Data Fiduciaries must appoint a qualified DPO resident in India. The DPO acts as the primary point of contact for the DPBI and is responsible for monitoring compliance, conducting DPIAs, and managing grievances from Data Principals.
Five-Phase DPDPA Compliance Programme
A structured, end-to-end approach built on global best practices and India-specific regulatory requirements.
Gap Assessment & Readiness Audit
We benchmark your current data processing practices against every DPDPA obligation — consent mechanisms, retention policies, security controls, grievance channels, and third-party processing agreements. You receive a prioritised gap report with risk ratings and a remediation timeline.
Data Discovery, Mapping & Classification
We identify all personal data flows across your organisation — structured and unstructured, on-premise and cloud. Every data asset is classified by sensitivity, purpose, and lawfulness of processing, producing a comprehensive Record of Processing Activities (RoPA).
Policy, Consent & Governance Framework Design
We design and implement your privacy policies, consent notice templates, data principal rights workflows, DPIA processes, breach notification procedures, and vendor data processing agreements — all aligned to the DPDPA’s specific language and requirements.
Technical Controls & Security Implementation
As a CERT-In empanelled firm, we implement the technical safeguards required by DPDPA — encryption at rest and in transit, access control reviews, vulnerability assessments, security monitoring, and breach detection mechanisms aligned to ISO 27001:2022 standards.
DPO Appointment, Training & Continuous Monitoring
We appoint a certified DPO (interim or long-term), conduct organisation-wide DPDPA awareness training, and establish continuous compliance monitoring with quarterly reviews, incident response drills, and annual re-assessments to keep you consistently compliant.
Sectors We’ve Guided to DPDPA Compliance
Our expertise spans the industries most affected by India’s data protection law.
- BFSI
- Healthcare & Pharma
- Telecom & Technology
- Manufacturing
- Defence & Government
- E-Commerce & Retail
- Education & EdTech
- Energy & Utilities
DPDPA Penalty Schedule — Know Your Risk
The Data Protection Board of India (DPBI) has authority to impose separate penalties for each category of violation. A single incident can trigger multiple penalty streams simultaneously.
Personal Data Breach — Security Safeguards
₹250 Crore maximum per instance
Failure to implement and maintain reasonable security safeguards to prevent personal data breaches. This is the highest single penalty under the Act and applies to every Data Fiduciary.
DPDPA 2023 — Schedule, Item 1 (Section 25)
Processing Children's Personal Data
₹200 Crore maximum per instance
Failure to obtain verifiable parental consent before processing personal data of minors, or processing children's data in a way that adversely affects their well-being.
DPDPA 2023 — Schedule, Item 2 (Section 25)
Failure to Notify Data Breach
₹200 Crore maximum per instance
Failure to inform the Data Protection Board of India and affected Data Principals of a personal data breach within the prescribed timeline after the breach is discovered.
DPDPA 2023 — Schedule, Item 3 (Section 25)
Significant Data Fiduciary Obligations
₹150 Crore maximum per instance
Non-fulfilment of additional obligations applicable to Significant Data Fiduciaries — including mandatory DPO appointment, Data Protection Impact Assessments, and periodic audits.
DPDPA 2023 — Schedule, Item 4 (Section 26)
Data Principal Rights Violations
₹10,000 per affected data principal
Failure to honour Data Principal rights — including rights of access, correction, erasure, grievance redressal, and nomination — for each individual affected by the violation.
DPDPA 2023 — Schedule, Item 5
Residual & Other Violations
₹50 Crore maximum per instance
Breach of any other provision of the DPDPA or its Rules not covered by the specific penalty categories above — including consent framework failures, cross-border transfer violations, and non-compliance with DPBI orders.
DPDPA 2023 — Schedule, Item 7 (Residual)
Important: Penalties under the DPDPA are not mutually exclusive. A single personal data breach incident can simultaneously attract penalties under multiple schedule items — for example, the breach itself (₹250 Cr), failure to notify (₹200 Cr), and failure to honour access rights (₹10,000 per principal). The DPBI also considers the gravity, duration, and whether the violation was deliberate when determining the final penalty amount.
Frequently Asked Questions
Who does the DPDPA apply to?
The DPDPA applies to all organisations that process digital personal data in India, regardless of where they are incorporated. It also applies to organisations outside India if they offer goods or services to individuals located in India. If your business collects, stores, or uses any personal data digitally — names, emails, phone numbers, health records, financial data — you are a Data Fiduciary and must comply.
What are the penalties for DPDPA non-compliance?
Penalties under the DPDPA can reach ₹250 Crore per instance of non-compliance, imposed by the Data Protection Board of India (DPBI). Different types of violations carry different penalty levels — for example, failure to notify a breach, not honouring data principal rights, or inadequate data security safeguards each attract separate penalties. A single incident could trigger multiple penalty streams simultaneously.
How long does it take to achieve DPDPA compliance?
With DigiFortex’s five-phase programme, most organisations achieve a compliance-ready posture within 4–8 weeks. The exact timeline depends on your organisation’s current data governance maturity, the volume and complexity of personal data processed, and sector-specific requirements. We begin with a gap assessment that gives you a clear timeline estimate within the first week of engagement.
Does DigiFortex provide interim DPO services?
Yes. DigiFortex offers Day-1 Interim DPO services for organisations that need to immediately satisfy the DPO appointment requirement. Our DPOs are holders of globally recognised certifications (DCPLA, CIPP/E) and operate within a full compliance team. We also offer long-term DPO-as-a-Service engagements where we act as your permanent outsourced Data Protection Officer.
What makes DigiFortex different from other compliance consultants?
DigiFortex is unique because we combine deep privacy law expertise with world-class cybersecurity capability — both in one firm. Most privacy consultants cannot deliver the technical security controls the DPDPA requires. We are CERT-In empanelled, ISO 27001:2022 certified, CREST accredited, and hold DCPLA and CIPP/E certifications. We have guided government bodies, Fortune 500 companies, and leading Indian enterprises across 20+ countries — and we have been vocal advocates for data privacy in India since 2021.
