What is SOC 2 Certification? A Complete Guide for SaaS Companies (2026)
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In India, data privacy has moved from being merely an operational best practice to becoming a strict legal requirement. The Indian government set up a modern regulatory framework to protect individual privacy when the Digital Personal Data Protection (DPDP) Act 2023 came into effect, specifying how organizations may collect, process, and retain digital personal data.
For Indian businesses—including fintech companies, healthcare providers and e-commerce platforms—meeting the requirements of the DPDP Act 2023 is a key operational goal. Failure to comply may result in serious financial penalties of up to ?250 crore in each case.
The full guide explains everything you need to know about compliance with the DPDP Act 2023 in India, covering its main principles and key duties, providing a step-by-step plan, and showing how modern privacy tools such as SurkshaNow can help you on your compliance journey.
The Digital Personal Data Protection Act of 2023 is the legal framework specifically created in India to regulate the processing of digital personal data; it supersedes the outdated data protection rules under the Information Technology (IT) Act of 2000 and assigns specific responsibilities to companies while granting citizens enforceable rights.
To comply with the Act, businesses should know about the three main roles it defines:
To achieve compliance, you have to adjust your enterprise workflows to align with the basic rules required by the DPDP Act.
According to the Act, under both Sections 5 and 6, consent can no longer be bundled, assumed, or concealed within long terms and conditions.
Data should be gathered by organizations only if it is required to meet a particular and legal request and it must not be used for any other purpose without obtaining new consent.
When the purpose for collecting data is complete, or if a Data Principal withdraws consent, the Data Fiduciary must permanently delete the personal data from all sources and ensure that Data Processors do the same.
Section 9 states that verifiable parental consent must be secured before any personal data relating to minors (i.e. people under the age of 18) is collected or processed, and the Act strictly prohibits tracking, targeted advertising, and behavioural monitoring directed at children.
The Central Government may designate companies that process large quantities of personal data or handle sensitive data as Significant Data Fiduciaries (SDFs). Such companies have additional responsibilities, for example:
The Data Protection Board of India (DPBI) enforces compliance and levies severe financial penalties based on the nature and severity of the contravention:
| Nature of Contravention | Maximum Statutory Fine |
| Failure to implement reasonable security safeguards to prevent data breaches | Up to ?250 Crore |
| Failure to inform the Data Protection Board and affected individuals of a data breach | Up to ?200 Crore |
| Non-compliance with duties related to processing children's data | Up to ?200 Crore |
| Failure to fulfill additional obligations as a Significant Data Fiduciary (SDF) | Up to ?150 Crore |
| General contravention of any other provision of the Act | Up to ?50 Crore |
In order to protect your data you should know where it is located. You must map all personal data wherever it may be, for example in databases, in HR systems, in cloud storage, in CRM tools or in paper files. You need to keep records of where the data enters the organization, who uses it, where it is stored and when it is deleted.
Replace generic "accept all cookies" pop-ups with dynamic, granular consent management systems. Ensure your privacy policies are updated to use transparent language that explains how data is used and stored, and includes the grievance officer's contact details.
Establish automated processes to satisfy user requests within statutory timelines:
Set up automatic schedules for keeping data. Make sure customer records are deleted when an account closes or after a set period of inactivity, unless laws such as those from RBI, SEBI, or tax rules require you to keep them longer.
Check your cloud service providers, payment services, and marketing partners. Ensure that all external Data Processors have signed updated contracts which require them to adhere to the DPDP security rules and to act swiftly should there be a data breach.
Make sure that you record all modifications to consent, DSAR requests, data access, and admin updates, and use audit logs which are unalterable in order to demonstrate to regulators that you are completely compliant when they conduct audits.
Implementing DPDP requirements manually across legacy systems and distributed networks creates risk and operational overhead. SurkshaNow provides a thorough, purpose-built DPDP compliance platform which is specifically designed for Indian enterprises and businesses that are expanding.
Core Features of SurkshaNow DPDP Solution
Compliance with the DPDP Act 2023 in India is not only a regulatory requirement but also a competitive advantage that helps build long-term trust with your customers and partners. If you establish clear consent procedures, automate user rights management, and secure your data architecture, you will protect your organization from fines and position your brand for sustainable growth.
Ready to automate your privacy compliance? Explore how SurkshaNow can streamline your DPDP implementation with automated data discovery, dynamic consent management, and audit-ready workflows.
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