India's draft Digital Personal Data Protection Rules Seek Public Feedback by 18 February 2025
On 3 January 2025, India's Ministry of Electronics and Information Technology (MeitY) unveiled the draft Digital Personal Data Protection (DPDP) Rules 2025, inviting public feedback until 18 February 2025.
These rules aim to operationalise the Digital Personal Data Protection Act 2023, by establishing comprehensive guidelines for data processing, consent management, breach notifications, and cross-border data transfers.
Key Highlights of the Draft Rules
Consent Management and Data Fiduciary Responsibilities
The draft rules emphasise the importance of obtaining clear and informed consent from individuals (data principals) before processing their personal data. Data fiduciaries—entities that determine the purpose and means of data processing—are required to provide concise and easily understandable notices to individuals, detailing the nature and purpose of data collection.
This approach aims to empower users with greater control over their personal information.
Additionally, the rules introduce the concept of Consent Managers—independent entities that will act as intermediaries to help individuals manage their consent across different platforms.
These managers must register with the Data Protection Board and adhere to stringent obligations to ensure transparency and accountability in consent management.
Technology Law
Read the latest Technology Law updates and news on artificial intelligence, privacy and data protection law, digital assets regulation, and beyond—delivered straight to your inbox!
No spam. Unsubscribe anytime.
Cross-Border Data Transfers
A significant aspect of the draft rules is the regulation of cross-border data transfers.
The government retains the authority to restrict the transfer of personal data to foreign countries, entities, or individuals, especially concerning national security or privacy concerns.
In the event of a personal data breach, data fiduciaries are mandated to inform the Data Protection Board without undue delay.
However, the draft rules specify that reporting should be done "without delay," which some experts find subjective and ambiguous, calling for clearer timelines to ensure prompt action.
Processing Children's Data
The draft rules introduce stringent measures for processing children's data. Data fiduciaries are prohibited from tracking or targeting advertisements at children.
Additionally, users under 18 will need parental consent to use social media platforms, and companies must carry out due diligence to establish that the parent is indeed an adult.
This move aims to protect minors online but raises questions about the practicalities of verifying parental consent.
Industry Reactions and Concerns
The introduction of the draft DPDP Rules 2025, has elicited a range of responses from industry stakeholders.
While many acknowledge the necessity of robust data protection regulations, concerns have been raised regarding the potential increase in compliance burdens for businesses, especially local enterprises.
The ambiguity in certain provisions, such as the undefined timeline for data breach reporting and the broad restrictions on cross-border data transfers, has led to calls for greater clarity to ensure practical implementation.
Furthermore, the requirement for parental consent for minors' use of social media platforms has sparked debate.
Critics argue that the process of verifying parental consent may be challenging to implement effectively, potentially leading to unintended barriers for young users seeking access to online resources.
Public Consultation and Next Steps
MeitY has opened the draft rules for public consultation, inviting feedback from individuals, industry bodies, and other stakeholders until 18 February 2025. This participatory approach aims to refine the rules, balancing the protection of personal data with the operational realities of businesses and the rights of individuals.
Stakeholders are encouraged to submit their comments via the MyGov portal, contributing to the development of a comprehensive and effective data protection framework for India.