Data privacy has become a top priority in an era where digital interactions shape nearly every aspect of our lives. In India, the privacy debate has been longstanding, with many versions of data protection legislation being revised for almost a decade. Yet, to date, not even the Digital Personal Data Protection Act, 2025, has been in force. However, the recent introduction of the Draft Digital Personal Data Protection (DPDP) Rules, 2025, on January 05, 2025, marks a pivotal moment for India’s data protection framework. This displays a move towards institutionalising privacy in India. In this blog, we break down the key provisions of the new draft rules, explain your rights as a data principal, and guide how these changes impact individuals and businesses.

The Ministry has introduced the draft DPDP Rules, 2025, to operationalise the Digital Personal Data Protection Act, 2023. The government prepared these rules using the SARAL framework—in simple language, minimal cross-referencing, and contextual definitions—to enhance accessibility for everyone. In essence, the new regulations are not just about compliance but also about establishing a culture of data responsibility and trust in India’s digital economy. These rules empower citizens by giving them greater control over their personal data while establishing clear responsibilities for data fiduciaries. Let’s boil it down to understand it further.

Your Rights as a Data Principal

At the heart of the DPDP Rules, 2025 lies the principle of “your data, your rules.” As a data principal, you now enjoy several rights designed to give you control over your personal information. These include:

• Right to Access and Correction: You can request details about the personal data a company holds about you. If any information is inaccurate or incomplete, you can request corrections.

• Right to Erasure: You can ask for your data to be deleted if it is no longer necessary for the purpose it was collected or if you withdraw your consent.

• Right to Withdraw Consent: Once you have given consent for data processing, you retain the power to withdraw it at any time with the same ease as you gave it.

• Right to Grievance Redressal: If you believe your data is being mishandled, you can seek redress through a well-defined grievance mechanism established by the data fiduciary.

• Right to Nominate a Representative: Should you become incapacitated or pass away, you can nominate someone to manage and exercise your data rights on your behalf.

These rights empower you to take charge of your digital presence. The rules require data fiduciaries, i.e. the entities that decide the purpose and means of processing your data, to publish clear instructions on how you can exercise these rights on their websites or applications. Doing so aims to build your trust and foster a more transparent digital environment.

The Obligations of Data Fiduciaries

The new draft framework enhances individual rights and places stringent obligations on data fiduciaries. They must:

• Provide Clear Notices: Ensure that every individual is fully informed about the data collection and its intended uses.

• Implement Robust Security Measures: Use state-of-the-art techniques to safeguard data against breaches, including encryption and regular security audits.

• Maintain Data Accuracy and Relevance: Regularly update and verify the data to ensure it remains accurate.

• Enable Easy Access and Withdrawal of Consent: Facilitate mechanisms to exercise your rights without undue burden.

• Report Data Breaches Promptly: Notify affected data principals and the Data Protection Board immediately in case of a breach, and provide a comprehensive report within 72 hours.

• Data Localisation: Comply with requirements specified by the Central Government when transferring personal data outside India, ensuring that such data is not made available to any foreign state, entity, or agency unless permitted by a general or special order.

Additionally, significant data fiduciaries—typically large organisations processing sensitive data—must conduct annual Data Protection Impact Assessments (DPIA) and audits. These steps help ensure ongoing compliance with the law and provide the government with insights into the evolving risks associated with data processing.

Special Considerations for Children and Vulnerable Groups

The rules introduce important safeguards for children and persons with disabilities. Before processing the data of a child (defined as anyone under 18 years old), data fiduciaries must obtain verifiable consent from a parent or legal guardian. This process involves verifying the identity and age of the consenting adult through reliable documentation or digital tokens issued by a government-authorised entity. Such measures protect vulnerable groups from exploitation and ensure their digital rights are respected.

Enforcement and the Role of the Data Protection Board

The DPDP Rules, 2025, also establish an enforcement mechanism through the Data Protection Board of India. This adjudicatory body will monitor compliance, address grievances, and impose financial penalties on non-compliant entities. The Board would function as a digital office, ensuring it can process complaints efficiently and transparently. It holds the power to investigate breaches and direct remedial measures, thereby reinforcing accountability across the digital ecosystem.

The Board’s role is critical in bridging the gap between regulation and practice. By imposing penalties and recommending corrective actions, the Board ensures that data fiduciaries remain diligent in their data protection practices.

What This Means for You

As an individual, the DPDP Rules, 2025 give you greater control over your personal data. You now have the right to access, correct, or erase your data, withdraw consent whenever you choose, and seek grievance redressal if you believe your data is being mishandled. Additionally, you can nominate a representative to manage your data rights should you become incapacitated or pass away. These rights empower you to take charge of your digital presence and demand greater transparency from businesses handling your data.

With stricter security requirements, organisations must implement encryption, access controls, and regular audits to protect your data from breaches. In case of a breach, you are entitled to immediate notification and a detailed report within 72 hours. Moreover, data fiduciaries must inform you clearly how your data is collected, stored, and processed, ensuring you can make informed decisions about your online privacy. For children and vulnerable individuals, additional safeguards, such as parental consent verification, help prevent exploitation and misuse of data.

What This Means for Your Business

For businesses, the new framework introduces stringent obligations for data fiduciaries, requiring compliance with rules on consent, data security, and breach reporting. Companies must provide clear notices about data collection and usage, ensure the accuracy and relevance of stored data, and enable users to easily access, modify, or delete their personal information. Compliance with these requirements will help businesses avoid penalties and enhance consumer trust and credibility in the digital ecosystem. Additionally, organisations must adhere to data localisation requirements specified by the Central Government when transferring personal data outside India.

Large organisations classified as Significant Data Fiduciaries face additional compliance burdens, including mandatory Data Protection Impact Assessments (DPIAs) and annual audits to assess potential risks. Failure to comply with these obligations could lead to financial penalties and enforcement actions by the Data Protection Board of India, responsible for monitoring compliance and handling grievances. Businesses that proactively invest in data protection infrastructure and privacy-focused policies will gain a competitive edge by fostering greater customer trust and minimising regulatory risks.

Final Thoughts

As the digital ecosystem continues to evolve, these rules ensure that the power over personal data rests squarely in your hands. Remember, your data is not just information but a part of you. And now, when these rules come into force, you have the authority to decide how it is used. Stay informed, exercise your rights, and demand transparency from the organisations that process your data. In a digital age where every click matters, your data truly is your rule.