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Advertising & AdTech — DPDPA sector brief

Advertising & AdTech

DPDPA Impact on Advertising & AdTech

Advertising and adtech rely on identifiers and behavioural signals that, when linked to an identifiable individual, are personal data — bringing consent, purpose limitation and the children’s-advertising bar squarely into scope.

In short

Advertising and adtech fall under the DPDP Act, 2023 whenever identifiers, cookies or behavioural signals are linked to an identifiable individual, making them digital personal data. Consent under Section 6 must be obtained before tracking, and behavioural monitoring or targeted advertising directed at children is prohibited under Section 9 read with Rule 10.

  • Device and advertising identifiers linked to a person are personal data and need a lawful basis under the Act.
  • Tracking that relies on consent must be gated by consent under Section 6 and be as easy to withdraw as to give.
  • Behavioural monitoring and targeted advertising directed at children are prohibited under Section 9 read with Rule 10.

When the Act applies

The Act applies wherever advertising activity processes the digital personal data of Data Principals in India, including processing outside India connected with offering goods or services in India.

Personal data typically in play

  • Advertising and device identifiers linked to an individual
  • On-site and cross-site behavioural and cookie data
  • Audience segments and look-alike profiles
  • Conversion and attribution events
  • Contact data used for retargeting

Mapped obligations

Section 5 · Rule 3

Itemised notice

Give each Data Principal a clear, itemised notice — in English or any language in the Eighth Schedule to the Constitution — describing the personal data collected and the specified purpose, before or at the time of seeking consent.

Section 6

Consent that is free & withdrawable

Where processing rests on consent, it must be free, specific, informed, unconditional and unambiguous, limited to the specified purpose, and as easy to withdraw as it was to give.

Section 9 · Rule 10

Children & persons with disability

Obtain verifiable consent of a parent or lawful guardian before processing a child’s personal data, and do not undertake tracking, behavioural monitoring or targeted advertising directed at children.

Section 8(7) · Rule 8

Retention limits & erasure

Erase personal data on withdrawal of consent or once the specified purpose is no longer being served, unless retention is required by law.

Section 8(2)

Processor under valid contract

Engage every Data Processor — vendors, sub-contractors and technology partners — only under a valid contract, and remain accountable for the personal data throughout.

Section 8(5) · Rule 6

Reasonable security safeguards

Implement reasonable security safeguards — including measures such as encryption, access control, logging and monitoring — to prevent a personal data breach.

Sections 11–14 · Rule 14

Data Principal rights

Enable the rights to access a summary of personal data and processing, to correction and erasure, to grievance redressal and to nominate — and publish the manner in which these are exercised.

Recurring compliance risks

  • Dropping tracking technologies before valid consent is obtained
  • Behavioural monitoring or targeted advertising directed at children
  • Treating hashed identifiers as outside the Act when they remain linkable
  • No mechanism to honour consent withdrawal across the ad stack

Actions that follow

  1. 1Deploy a consent mechanism that gates tracking and is as easy to withdraw as to give
  2. 2Suppress behavioural tracking and targeted ads for users identified as children
  3. 3Contractually bind every DSP, SSP and data partner under Section 8(2)
  4. 4Build audience deletion and suppression on consent withdrawal

Frequently asked questions

Do cookies and advertising identifiers count as personal data under the DPDP Act?
When a cookie, device ID or advertising identifier can be linked to an identifiable individual, it is digital personal data and the Act applies. Hashing does not take the identifier outside the Act if it remains linkable to a person.
Can platforms run targeted or behavioural advertising to children?
No. Section 9 read with Rule 10 prohibits tracking, behavioural monitoring and targeted advertising directed at children, and requires verifiable parental consent before a child’s personal data is processed.
When is consent required before dropping tracking technologies?
Where processing rests on consent, valid consent under Section 6 must be obtained before tracking begins. It must be free, specific, informed, unconditional and unambiguous, and withdrawable at any time across the ad stack.
All sector briefs

DPDPA impact on DPDPA For Advertising Adtech: questions and answers

What is the legal framework for data protection in India?

India's framework is the Digital Personal Data Protection Act, 2023 (Presidential assent 11 August 2023; 44 sections) read with the Digital Personal Data Protection Rules, 2025, notified on 13 November 2025 (G.S.R. 846(E)) with 23 Rules and 7 Schedules.

What makes consent valid under DPDPA?

Section 6 requires consent to be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action and limited to personal data necessary for the specified purpose. Withdrawal must be as easy as giving consent.

What are the personal data breach notification timelines under the DPDP Rules, 2025?

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.

Which provisions of the DPDPA and the DPDP Rules, 2025 are relevant to DPDPA impact on DPDPA For Advertising Adtech?

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).

Who advises businesses on DPDPA impact on DPDPA For Advertising Adtech under India's DPDPA?

AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on DPDPA impact on DPDPA For Advertising Adtech 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].

What should I send AMLEGALS to get a scoped proposal on DPDPA impact on DPDPA For Advertising Adtech?

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 impact on DPDPA For Advertising Adtech rather than a generic checklist.

How do I get a first view of my DPDPA exposure on DPDPA impact on DPDPA For Advertising Adtech?

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.

Contact AMLEGALS about DPDPA impact on DPDPA For Advertising Adtech · DPDPA Exposure Assessment