IN SHORT

DPDP compliance means meeting the duties that the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025 place on every business handling digital personal data of people in India: notice and consent, security safeguards, breach reporting, individual rights and erasure. There is no turnover or headcount exemption, and most duties apply from 13 May 2027. Regi Tom Antony & Associates, Chartered Accountants in Kochi since 1997, helps businesses across India get ready online and documents the evidence.

By Regi Tom Antony, FCA, MBA (Australia), ACMA (UK), CGMA (USA), CISA (USA) · Law as at 1 November 2026

PRACTISING SINCE
1997
BASED IN
Kochi, India
FULL COMPLIANCE
13 May 2027
LAW
DPDP Act, 2023 and DPDP Rules, 2025
DPDP ACT 2023 · DPDP RULES 2025

DPDP Act compliance for every business that handles personal data in India.

Gap assessment, data mapping, notices and consent, vendor contracts, security controls, a 72-hour breach plan and a documented evidence file, delivered online for businesses in any state.

Led by Regi Tom Antony, FCA, MBA (Australia), ACMA (UK), CGMA (USA), CISA (USA), former Data Privacy Officer at OSRAM and Westcon Group. Chartered Accountants since 1997.

COMPLIANCE CLOCKDPDP Rules, 2025
—days to 13 May 2027
  1. 13 NOV 2025Rules notified; Data Protection Board provisions in force
  2. 13 NOV 2026Consent Manager provisions take effect (Rule 4)
  3. 13 MAY 2027Notice, consent, security, breach reporting, rights, retention and penalties apply
  4. 72 HRSDetailed breach report to the Board (Rule 7)
  5. ₹250 CRMaximum penalty per instance, security safeguards
01 · DOES IT APPLY

Does the DPDP Act apply to your business?

The Act applies to personal data collected in digital form, or collected on paper and later digitised (s.3). It also applies outside India when goods or services are offered to people in India. One "yes" below is enough.

Do you collect names, phone numbers or emails through a website, app, WhatsApp or forms?
Do you hold employee payroll, PAN, Aadhaar or bank details?
Do you share personal data with vendors such as payroll, CRM, cloud, Tally or Zoho?
Do you offer goods or services to people in India from outside India?
YOUR RESULT
Answer the four questions

Most businesses answer yes to at least two. Scope: s.3 · Exemptions only by notification: s.17.

02 · WHAT CHANGES ON 13 MAY 2027

Six duties every Data Fiduciary must meet

A business that decides why and how personal data is processed is a Data Fiduciary. These duties apply whatever its size; Significant Data Fiduciaries notified under s.10 carry more.

NOTICE · S.5 · RULE 3

Notice and consent

An itemised notice in clear language, in English or an Eighth Schedule language, and consent that is as easy to withdraw as to give.

SECURITY · S.8(5) · RULE 6

Security safeguards

Encryption or masking, access control, logs kept for at least a year, backups, and the same safeguards written into processor contracts.

BREACH · S.8(6) · RULE 7

Breach reporting

Tell affected people without delay and file a detailed report with the Data Protection Board within 72 hours. CERT-In 6-hour reporting still applies.

RIGHTS · S.11–14 · RULE 14

Rights and grievances

Access, correction, erasure and nomination requests, with grievances resolved within 90 days and a published contact for data questions.

RETENTION · S.8(7) · RULE 8

Retention and erasure

Erase data once its purpose is served, unless another law requires it to be kept. Some classes need 48 hours' notice before erasure.

CHILDREN · S.9 · RULE 10

Children's data

Verifiable parental consent before processing data of anyone under 18; no tracking, behavioural monitoring or targeted advertising at children.

03 · PENALTIES

What are the penalties under the DPDP Act?

The Schedule to the Act sets maximum penalties per instance. The Data Protection Board decides the actual amount.

Breach ofProvisionMaximum penalty
Failure to take reasonable security safeguardss.8(5)₹250 crore
Failure to notify a personal data breachs.8(6)₹200 crore
Breach of children's data obligationss.9₹200 crore
Breach of Significant Data Fiduciary obligationss.10₹150 crore
Breach of any other provision of the Act or RulesResidual₹50 crore
These are ceilings, not fixed fines. Under s.33 the Board considers the nature, gravity and duration of the breach, the steps taken to mitigate it and the business's conduct. Documented preparation is relevant evidence of that conduct.
04 · SCOPE OF A DPDP REVIEW

What a complete DPDP review covers

A privacy notice states what a business does with personal data. The Act also requires that systems, records and contracts match that notice, so a complete review covers three areas.

PAPER
Notices and contracts
  • Itemised notices and consent wording
  • Processor and vendor data terms
  • Grievance and rights procedures
SYSTEMS
Systems and controls
  • Access rights, encryption and masking
  • Log retention and backups
  • Vendor access to payroll, Tally, email and WhatsApp
RECORDS
Records and retention
  • Retention under the Income-tax Act, CGST Act, Companies Act and labour codes
  • Erasure duties under s.8(7) and Rule 8
  • An indexed evidence file for a client, investor, bank or the Board
05 · OUR DPDP SERVICES

From first assessment to ongoing support

Each service can be taken on its own. Most SMEs start with the gap assessment and take the rest as a fixed-scope project.

START HERE

Applicability and gap assessment

Data inventory, gap report against the Act and Rules, a prioritised roadmap and a management readout.

S.5 · S.8

Data mapping and record of processing

What personal data you hold, where it sits, who can see it, which vendors receive it and how long you keep it.

S.5–6 · RULE 3

Notice, consent and website review

Itemised notices in English and your customers' languages, form-level consent, banner settings and a withdrawal flow.

S.8(2)

Vendor and processor contracts

Data processing terms for payroll, CRM, cloud, BPO and marketing vendors, reviewed with our legal associates.

S.8(5) · RULE 6

Security safeguards review

Access rights, encryption and masking, log retention, backups and admin console settings, tested over screen-share.

S.8(6) · RULE 7

Breach response plan and drill

A 72-hour Board reporting playbook aligned with the CERT-In 6-hour direction, with a tabletop exercise.

S.8(7) · RULE 8

Retention and erasure schedule

Record-by-record retention periods reconciled with tax, GST, company law and labour law requirements.

S.11–14 · RULE 14

Rights and grievance desk

Request intake, identity checks, response templates and a 90-day tracking log.

RETAINER

Virtual DPO and designated contact

Ongoing monitoring, change reviews and an annual compliance health check.

S.10 · RULE 13

Significant Data Fiduciary readiness

Data protection impact assessment and preparation for the periodic independent data audit.

06 · SECTORS WE WORK WITH

Proportionate DPDP work, sized to your sector

A clinic, a CA firm and an e-commerce brand hold very different personal data. We scope the work to the data you actually have, the systems it sits in and the vendors who touch it, rather than an enterprise template.

Regi Tom Antony served as Data Privacy Officer at OSRAM and at Westcon Group, and is a Certified Information Systems Auditor (CISA).

SMES AND MSMES
Employee and customer data, WhatsApp marketing lists, Tally and payroll. Proportionate scope: clean notices, a vendor review, a retention schedule and a breach plan.
CA, CS AND PROFESSIONAL FIRMS
A Data Fiduciary for staff and client data, and often a processor for PAN, Aadhaar, bank statements and returns handled in engagements.
HOSPITALS, CLINICS AND LABS
Health records, lab reports and claims data: access control, sharing with TPAs and labs, patient rights and breach readiness.
SCHOOLS, COLLEGES AND EDTECH
Verifiable parental consent for students under 18 (s.9, Rule 10); admission forms, learning apps and CCTV.
E-COMMERCE AND D2C
High-volume consent and marketing data; Third Schedule erasure timelines for large platforms; checkout and ad-platform data flows.
IT, SAAS AND GCC GROUPS
GDPR-ready operations mapped to DPDP differences, and foreign or GCC groups offering services to people in India (s.3(b)).
07 · WHAT YOU RECEIVE

The DPDP evidence file

No government body or regulator issues a "DPDP certificate". What demonstrates compliance is documentation. We index it the way we index an audit file, so anyone reviewing it can trace each obligation to its evidence.

ACT + RULES
A-1Gap assessment and roadmap
S.8
A-2Data map and record of processing
S.5 · RULE 3
B-1Privacy notices
S.6
B-2Consent records and withdrawal flow
S.8(2)
C-1Vendor data processing terms
S.8(5) · RULE 6
C-2Security review and remediation log
S.8(7) · RULE 8
D-1Retention and erasure schedule
S.8(6) · RULE 7
D-2Breach playbook and drill record
RULE 14
E-1Rights and grievance SOP, 90-day log
S.8(1)
E-2Training record and board note
08 · HOW WE WORK

Four stages, usually 6 to 10 weeks for an SME

  1. 1
    Scope
    A 15-minute video or phone call on your data, systems and vendors, then a written scope and proposal.
  2. 2
    Assess
    Weeks 1–3: workshops, data mapping templates and controls walkthroughs; gap report and roadmap.
  3. 3
    Fix
    Weeks 4–9: notices, consent, contracts, retention schedule, breach plan and staff training, tracked weekly.
  4. 4
    Evidence
    Week 10: the indexed evidence file, a board note and an optional virtual DPO retainer.
VIDEO WORKSHOPS
Kick-off and data-mapping sessions on Zoom, Google Meet or Teams.
SECURE PORTAL
Documents exchanged through an access-logged portal, never email or WhatsApp.
SCREEN-SHARE REVIEWS
Access rights, admin consoles, backups and logs reviewed live with your IT lead.
ON-SITE VISITS
Optional. Available in Kerala, and elsewhere in India at cost.
R
Regi Tom Antony
Managing Partner · Engagement lead for DPDP work

FCA, MBA (Australia), ACMA (UK), CGMA (USA), CISA (USA)

Data Privacy Officer at OSRAM and at Westcon Group. Former Group CFO and COO roles at OSRAM/Siemens, Westcon and Comstor across the Middle East and Africa. Information systems audit, internal controls and regulatory reporting.

Regi Tom Antony & Associates, Chartered Accountants, Kakkanad, Kochi, since 1997 · DPDP engagements delivered online for businesses in any state

09 · COMMON QUESTIONS

DPDP Act compliance: common questions

?Does the DPDP Act apply to small businesses?+
Yes. There is no turnover, headcount or user threshold. If you process digital personal data of people in India, including employee records and website leads, you are a Data Fiduciary. The Government may notify exemptions for certain classes, including startups, under s.17(3), but none applies automatically.
?When does DPDP compliance become mandatory?+
The DPDP Rules were notified on 13 November 2025 with an 18-month transition. Consent Manager registration opens on 13 November 2026. Notice, consent, security, breach reporting, rights, retention and penalty provisions apply from 13 May 2027.
?What are the penalties under the DPDP Act?+
The Schedule sets maximums of ₹250 crore for failing to take reasonable security safeguards, ₹200 crore each for not notifying a breach and for children's data violations, ₹150 crore for Significant Data Fiduciary obligations, and ₹50 crore for other breaches. The Board decides the amount case by case.
?Do we need consent to process employee data?+
Not for employment purposes. Section 7(i) treats processing for employment, including preventing corporate espionage and providing employee benefits, as a legitimate use. Security safeguards, breach reporting, retention limits and grievance handling still apply.
?Do we need to appoint a Data Protection Officer?+
A DPO based in India is mandatory only for Significant Data Fiduciaries notified under s.10. Every other Data Fiduciary must publish the business contact of a person who can answer questions about its processing of personal data.
?Is there a DPDP certificate?+
No government body or regulator issues a DPDP certificate. Compliance is shown through documented evidence: a gap report, data map, notices, consent records, vendor contracts, a retention schedule and a breach plan.
?How quickly must a data breach be reported?+
Affected individuals must be informed without delay. A detailed report must reach the Data Protection Board within 72 hours of becoming aware of the breach, or a longer period the Board allows. The CERT-In direction to report cyber incidents within 6 hours continues to apply.
?How long can we keep personal data?+
Only as long as the specified purpose requires, unless another law requires longer retention. Tax, GST, company law and labour law each set their own retention periods, and we reconcile those with DPDP erasure duties record by record.
?Does the DPDP Act apply to a foreign or GCC company?+
Yes, if it processes personal data outside India in connection with offering goods or services to people in India (s.3(b)).
?Can DPDP compliance be done fully online?+
Yes. Workshops, controls walkthroughs, document review and staff training all run over video calls and a secure portal, for clients in any state. On-site visits are optional.
?How long does a DPDP readiness project take?+
Typically 6 to 10 weeks for an SME, depending on the number of systems and vendors. Larger organisations with multiple business units take longer.
?Is the DPDP Act the same as GDPR?+
It is similar in intent, but differs in important ways. DPDP has no legitimate-interest ground, applies only to digital personal data, uses Consent Managers registered with the Board, and requires a detailed breach report to the Board within 72 hours.
10 · FREE CHECKLIST

Get the DPDP readiness checklist

24 questions across eight areas of the Act and Rules, each with its statutory reference, scored out of 48. It takes about 20 minutes and shows where to start.

If you would also like a 15-minute scoping call, choose that option and you can pick a time straight away.

Or write to us: letstalk@rtaandassociates.com

This form follows the notice and consent practice we recommend to clients.

PRIMARY SOURCES
RELATED ON REGITOM.COM
Privacy and personal data protection advisory →Information security advisory →Information system audit →ISO 27001, PCI DSS and GDPR compliance audits →IT risk management and consulting →Cross-border tax and FEMA advisory →
General information only, based on the law as at 1 November 2026. Not a legal opinion; contracts and policies are reviewed with our legal associates.

Regi Tom Antony & Associates is a firm of Chartered Accountants in Kochi, Kerala, practising since 1997. We act as virtual and fractional CFO to growing businesses in India, the GCC and overseas, and advise on NRI taxation and FEMA, SME IPOs, India entry for foreign companies, tax structuring, and family office and succession planning, alongside audit, tax and compliance.