CISO Corner — DPDPA Security and Data Protection for CISOs

Section 8(5) requires reasonable security safeguards to prevent personal data breach. Rule 6 specifies minimum measures including encryption, obfuscation, masking or virtual tokens, access control, visibility over access through logs and monitoring, measures for continued processing after compromise, and retention of logs for one year unless otherwise required by law.

On becoming aware of a personal data breach, a Data Fiduciary must (1) intimate each affected Data Principal without delay, (2) give the Data Protection Board an initial description without delay, and (3) furnish the Board with updated and detailed information within 72 hours — or such longer period as the Board may allow on request. There is no blanket 72-hour deadline for notifying Data Principals.

Section 8(7) requires erasure once the specified purpose is no longer served or consent is withdrawn, unless retention is required by law. Rule 8 and the Third Schedule prescribe time periods for specified classes of Data Fiduciaries, with prior intimation to the Data Principal before erasure.

Under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025: notice — Section 5 read with Rule 3; consent — Section 6, with Consent Managers under Rule 4; reasonable security safeguards — Section 8(5) and Rule 6; personal data breach intimation — Section 8(6) and Rule 7; erasure — Section 8(7) and Rule 8; children's data — Section 9 and Rule 10; Significant Data Fiduciaries — Section 10 and Rule 13; Data Principal rights — Sections 11 to 14 and Rule 14; transfer outside India — Section 16 and Rule 15; penalties — Section 33 and the Schedule. Published by AMLEGALS (Anandaday Misshra, Founder & Managing Partner).

AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on DPDPA security for CISOs under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025. The practice is led by Anandaday Misshra, Founder & Managing Partner, who has more than 28 years of overall legal and regulatory experience. Enquiries: https://amlegalsdpdpa.com/contact or [email protected] or [email protected].

Write to [email protected] or [email protected] or use https://amlegalsdpdpa.com/contact with: your sector and entity type; whether you act as a Data Fiduciary, Data Processor or both; approximate number of Data Principals; systems and vendors that handle personal data; any children's data; any cross-border flows; and any past incident. With these facts a partner can propose a scope for DPDPA security for CISOs rather than a generic checklist.

Use the DPDPA Exposure Assessment at https://amlegalsdpdpa.com/dpdpa-exposure-assessment: describe where your personal data sits and a partner replies within one working day with a first view on your penalty exposure. Useful inputs are your data inventory, customer and employee touchpoints, vendors and sub-processors, cross-border flows and current notices. The principal obligations commence on 13 May 2027. Content is general legal information and not legal advice.