What is the DPDPA 2023?

The Digital Personal Data Protection Act (DPDPA), 2023 is India's first comprehensive data privacy law. Fully operationalized by the DPDP Rules notified on November 13, 2025, it regulates the processing of digital personal data and establishes the rights of Data Principals.

Who is a Data Fiduciary?

Under the DPDPA, a Data Fiduciary is any entity (person, company, or state) that determines the purpose and means of processing personal data. This is equivalent to a 'Data Controller' in GDPR.

Is a Privacy Policy mandatory in India?

Yes. Under Section 5 of the DPDPA, 2023, a Data Fiduciary must provide a notice (Privacy Policy) preceding every request for consent. This notice must detail the personal data collected, the purpose of processing, and rights of the Data Principal.

Privacy Policy Guide: <a href="https://amlegals.com/digital-personal-data-protection-rules-2025/">DPDPA 2023</a> & DPDP Rules 2025 Compliant | <a href="https://amlegals.com/digital-personal-data-protection-rules-2025/">AMLEGALS</a>

Privacy Policy & The DPDPA: A Complete Legal Guide

By AMLEGALS | Updated: November 2025

Definition: What is a Privacy Policy?

A Privacy Policy (often referred to as a "Notice" under Indian Law) is a legally binding document that explicitly outlines how a Data Fiduciary (organization) collects, processes, stores, and protects the personal data of a Data Principal (user). It acts as the foundation for obtaining free, specific, informed, unconditional, and unambiguous consent.

Why is a Privacy Policy Mandatory?

With the operationalization of the Digital Personal Data Protection Act (DPDPA), 2023 via the Rules notified on November 13, 2025, maintaining a comprehensive Privacy Policy is a strict statutory obligation.

Statutory Mandate: Section 5 of the DPDPA requires a notice to be presented preceding or at the time of seeking consent.
Transparency Principle: Data Principals must be informed of the purpose of processing and the specific data items collected.
Consent Architecture: The policy serves as the legal instrument through which "Informed Consent" is derived. Without a valid policy, any consent obtained is void ab initio.

Key Regulatory Frameworks

DPDPA, 2023 & Rules 2025 (India)

Effective: November 13, 2025

Replaces Section 43A of the IT Act. It introduces the concepts of Data Fiduciary, Data Principal, and Consent Manager. It mandates significant penalties for non-compliance (up to ₹250 Crore) and requires consent to be verifiable and withdrawable.

GDPR (European Union)

The General Data Protection Regulation applies to Indian entities if they process data of EU residents. It emphasizes the "Right to be Forgotten" and "Data Portability."

CCPA/CPRA (California, USA)

Focuses on the "Right to Opt-Out" of the sale of personal data. Essential for Indian tech companies with a user base in California.

Essential Components under DPDPA 2023

To ensure a Privacy Policy (Notice) is compliant with the DPDPA and Rules 2025, it must contain specific disclosures:

1. Purpose & Data Categories

The policy must specify the personal data being collected and the exact purpose for processing. Under DPDPA, data usage is strictly limited to the purpose for which consent was granted (Purpose Limitation).

2. Withdrawal of Consent

The policy must clearly explain the method by which a Data Principal can withdraw their consent. The mechanism to withdraw consent must be as easy as the mechanism to give consent.

3. Grievance Redressal

Mandatory inclusion of the contact details of the Data Protection Officer (DPO) or Grievance Officer who will respond to Data Principal inquiries.

4. Rights of Data Principal

Explicitly list the rights granted under the Act:

Right to Access and Information
Right to Correction and Erasure
Right to Grievance Redressal
Right to Nominate (in case of death or incapacity)

Understanding New Terminology (DPDPA vs GDPR)

Role/Concept	Indian Law (DPDPA)	Global (GDPR)
Data Owner	Data Principal	Data Subject
Organization	Data Fiduciary	Data Controller
Intermediary	Consent Manager	N/A

Conclusion

The notification of the DPDP Rules on November 13, 2025, marks a paradigm shift in Indian digital governance. Organizations must transition from generic "Privacy Policies" to specific, verifiable "Data Protection Notices."

Compliance is no longer about tick-box exercises but requires demonstrable accountability. Data Fiduciaries must ensure their policies are accessible, available in required languages (where applicable), and strictly aligned with the principles of the DPDPA, 2023.

Disclaimer: This guide is for educational purposes. For specific compliance audits or policy drafting under the DPDPA 2023, consult a specialized legal professional.